Data Security & Privacy

In today’s increasingly digital world, the importance of data security and privacy cannot be overstated. Whenever we go online, whether it is to shop, bank or use social media, our confidential personal data is captured—often instantaneously and without knowledge or consent. Our data and particularly confidential or personal information is extraordinarily valuable, and companies are using technology in novel ways to acquire as much of it as possible.

While it is the responsibility of those companies collecting our valuable data to proactively take appropriate measures to ensure its security, data breaches and other data security incidents are an almost daily occurrence.

In addition to third-party threats, companies often “push the envelope” to harvest or to otherwise acquire data using hidden online tracking technologies (like cookies, pixels and other invisible pieces of code). Once this data is harvested, it is often disclosed to AdTech behemoths like Facebook and Google who combine that information with already robust consumer profiles for marketing, analytics and other purposes.

The legal landscape surrounding data security and privacy is myriad, complex and rapidly changing. At present, there is no overarching federal privacy law that proscribes the necessary network security features companies must employ nor provides any recompense to individuals harmed because of data breaches and other corporate malfeasance. At the state level, a patchwork of laws and regulations, oftentimes without a private cause of action, can create a maze for individuals to navigate.

Complicating the situation further, many laws apply only to certain types of information. For instance, the Health Information Portability and Accountability Act (HIPAA) applies to health information and does not allow impacted individuals to file suit, while the Gramm-Leach-Bliley Act requires financial institutions – companies that offer consumers financial products or services like loans, financial or investment advice, or insurance – to explain their information-sharing practices to their customers and to safeguard sensitive data.

The attorneys at Almeida Law Group are experts in navigating these extraordinarily complex and vitally important issues on your behalf.
 

Common Threats to Data Security

Cybersecurity threats are a significant concern for everyone in the digital age. To guard against and to seek justice in response, it is important to have an understanding of the various threats to your valuable information.

Phishing Scams: Fraudulent attempts to obtain sensitive information, such as usernames, passwords, credit card numbers or other personal data, by persons pretending to be a trustworthy entity (e.g., a bank, an employee, or a reputable service). These scams often come in the form of deceptive emails, text messages or websites designed to look legitimate.

Ransomware: Malware that encrypts a victim’s data and demands payment in exchange for the decryption key. Attackers often threaten to permanently destroy the data or leak it publicly if the ransom is not paid. These attacks often occur when companies acquiring this valuable consumer data do not take appropriate steps to secure their networks to guard against such attacks.

Online Tracking Technologies: Hidden technologies that collect vast amounts of data about users’ behavior, preferences and even personal and health details without users’ knowledge or informed consent. Many online tracking technologies allow companies to share users’ data with third party vendors, including advertising networks and data brokers. These third parties have varying security standards and are not bound by the representations made by the collecting party in the first instance, thereby vastly increasing the risk of future data breaches, mishandling or outright sale of your personal information.

Insider Breach: When an employee, contractor or other trusted individual deliberately or negligently accesses, misuses or leaks confidential data. This type of breach can involve stealing sensitive information, accessing systems they are not authorized to use, improperly sharing data with external parties or something as innocuous as leaving a company laptop on a bus or in a coffee shop.

At Almeida Law Group, we play an essential role in helping victims recover from the impact of such data security incidents. If you believe that your personal information has been accessed by cybercriminals or that a company collected and used your data without your knowledge or consent, contact us to speak to a data privacy attorney during a free case review. 

Importance of Data Security

When companies neglect or pay short shrift to their data security and privacy obligations, this malfeasance can (and does) have serious real-world consequences, affecting individuals, organizations, and society as a whole. The impact goes far beyond tangible financial losses as these breaches and other failings also cause significant emotional distress and damage to personal and professional reputations.

The harms that victims of insufficient data security may suffer include identity theft, financial loss (direct financial impact, costs of restoration, diminution in the value of private information and loss of future earnings), emotional distress and reputational damage as a result of public exposure of sensitive data. 

What can Almeida Law Group do for you?

Our Firm is at the forefront of addressing violations of privacy laws by representing individuals who have been impacted by data security failings and privacy breaches including data breaches and the unlawful surreptitious collection of personal information through tracking technologies.

When data privacy and security violations occur, ALG plays a crucial role in advocating for victims and holding violators accountable. When our clients suspect their rights may have been violated, we spring to action and work with them to:

• Identify & Investigate Violations: We work with our clients to recognize when their privacy rights have been violated whether through unauthorized data collection, surveillance or other means and to consider the most effective form of redress.
• File Claims and Lawsuits: In some cases, victims may be entitled to damages either individually or through class-action lawsuits against those whose negligence led to the breach violation. Through a class-action lawsuit, we represent groups of victims to provide a collective voice to people who have suffered similar harms due to the same violation or breach.
• Litigate and Try Your Case: These cases are complex. With over fifty years and thousands of class actions under our belt, we have the experience, skill and tenacity to maximize recovery for our clients by preparing each and every case as if it is going to trial. Given our experience and technical proficiencies, we are well-prepared to tell the story of corporate malfeasance to a jury, even in the face of an intractable opponent.
• Identity Protection: We also assist in securing resources to help victims recover their identity, including contacting credit bureaus and freezing accounts to prevent further harm.
• Preventive Measures: In cases where businesses are found negligent in securing data, we work to ensure that the offending company implements stronger security measures to prevent future harm.

Our attorneys will always provide their informed assessment as to the best approach for protecting your valuable data and we zealously advocate on behalf of our clients to receive just compensation or restitution from responsible parties.