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Here Is What a Data Privacy Attorney Can Do for You | Header Image | McOmber McOmber & Luber

Here Is What a Data Privacy Attorney Can Do for You

May 22, 2023 by Matthew Rafferty

A ransomware data breach can cost a company an average of $4.6 million to clean up and recover from. Once a data breach occurs, it can take an average of 287 days to recognize the breach in security.

If you’re a business or organization with customer information, you have legal responsibilities to keep it secure.

The statistics on data and internet security can be shocking. You could be at real risk if you don’t have the proper security measures and policies in place.

A data privacy attorney can help you address your privacy policies and ensure you’re protected. Read on to learn more.

What Is a Data Breach?

As a consumer, you’re on a host of websites daily. Companies use their website to interact with customers and collect information from them, too. When you purchase with a business, they collect data about you.

Companies must keep the information they collect from you private unless they specify otherwise in their privacy policies.

A data breach occurs when the information a company gathers about or from you is accessed by someone who doesn’t have the authority to access that information.

A data breach can happen by accident. An employee might make an error that makes information available to anyone.

Data breaches are more likely when someone intentionally comes looking for information. Hackers will seek information from a company looking for sensitive information they can use nefariously.

What Does an Internet Privacy Attorney Do?

An Internet privacy attorney helps businesses and individuals with issues related to privacy and data. This might mean they help a business write privacy policies that protect them. Or they could work with an individual (or group of individuals) whose data has been breached.

A data attorney can work with clients on a wide scope of privacy needs, including:

  • Cyber security
  • Data breach protocols
  • Online privacy
  • Privacy laws
  • Data mining
  • Laws relating to web technologies, mobile platforms, emerging technologies
  • Mobile payments
  • Competitive intelligence
  • Stored trade secrets

Data attorneys must stay abreast of the quickly evolving privacy and data security laws. They need to know the intricacies of consumer protection laws, privacy laws, and e-discovery issues.

Internet Privacy Laws

When a business creates a website that is publicly accessible or there’s an app where users leave private information, a right to privacy of that information is assumed.

Both state and national privacy laws in place should protect collected data. Businesses and app creators need to provide a privacy policy so their policies related to data are clearly stated for users.

Since, generally speaking, the Internet is not a restricted enterprise; protection falls under the purview of the site owner and manager.

This can also be especially complex since the world of cyber security is evolving rapidly. Companies must constantly evaluate and update to ensure they’re protecting private information.

Data Privacy Stats Worth Noticing

A business has an extra incentive to be intelligent and proactive when they learn about all the startling statistics related to data and associated breaches.

In the US, approximately 4,800 websites a month experience data breaches and 71% of the breaches that occur have financial motivations for hackers.

The government, retail, and technology sectors account for 95% of data and information breaches.

You already know it can take, on average, 287 days to identify a breach in data; it also brings another 80 days on average to contain the breach in security. This is over one year of time where data is at risk without the proper protections and policies in place.

A hacker who steals just ten credit cards from a site can turn it into $2.2 million with form jacking attacks.

Laws Regarding Internet and Data Privacy

Knowing all these statistics will make hearing that most data on the Internet is not actually secure kind of startling.

There are laws at both the state and federal levels regarding privacy and information. One reason to use a privacy attorney is that they can stay abreast of the rapidly evolving law changes.

They can help you update your terms of use agreement, website privacy policy, and other data-related documents.

At the federal level, computer laws encompass privacy laws and other constitutional laws.

Some of the US laws and acts related to privacy include:

  • The Telephone Consumer Protection Act
  • The Electronic Communications Privacy Act
  • The Telemarketing Sales Rule
  • The Children’s Online Privacy Protection Act (COPPA)
  • The Health Insurance Portability and Accountability Act (HIPAA)
  • The Gramm Leach Bliley Act

The laws under these acts are intended to protect your most basic privacy rights and data security. The laws include information on how those protections should occur, too.

Which Industries Need a Data Privacy Attorney?

You might be surprised by the wide scope of industries that should have policies in place related to data. This includes business, industry, and organizations in the following areas:

  • Apparel
  • Automotive
  • Avionics
  • Beauty and cosmetics
  • Consumer product services
  • eCommerce
  • Education
  • Entertainment and media
  • Energy and natural resources
  • Finance and banking
  • Food services
  • Gaming
  • Healthcare
  • Hospitality
  • Retail
  • Telecommunications
  • Transportation

Each of these industries collects information uniquely, making them susceptible to data security breaches. They also must abide by the many laws in the acts listed in the previous section.

Why Your Business Should Consider Working With a Data Privacy Attorney

Any business with potential data has legal responsibilities related to data security. When you work with a privacy attorney, they know the regulatory laws in place and can work to help protect you and the important data you collect.

Knowing the impact a data security breach can cost a business, protecting yourself by working with a data security attorney is important.

Likewise, if you’re the victim of a data breach, you have rights that deserve protection. A privacy attorney can help ensure your rights are protected and you get any needed compensation.

Protect Your Data Security

In today’s tech-driven world, the work of a data privacy attorney is important for businesses, organizations, and individuals. The importance of protecting data can’t be overstated.

If you need help with an issue related to privacy or data, we can help. Contact us today to discuss your needs and get to work protecting your interests.

Filed Under: Data Breach

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