Data Breach: Investigation & Litigation

Data breaches are very often, and it continues to make headlines everywhere around the world. Irrespective of any defensive measures in place, it almost impossible to stop the attackers No organization is safe and is too big or too small to fall victim to a data breach. Also, none of the industries vertical is immune to attack. Any type of industry data, there will be someone somewhere around the world, who would be interested to steal it.

Regardless, if you have discovered a breach and therefore need to take swift and immediate action, or if you are laying the groundwork to effectively respond when a breach does occur, there are resources available to prepare for the potential data breach and hence, the data breach investigation.

Data Breach Investigations continues to be the tradition of change with additions that we hope will paint the clearest picture of the risks, weaknesses, and measures that lead to safety incidents, as well as how it impacts organizations experiencing them. In the new “Before and Beyond the Breach” section, the security data scientists analyze dozens of TB’s of data from different partners, making this one of the most concerted, data-driven information security reports in existence. If you know how to read the data breach investigation, you should put your thinking cap on for this one.

Passing years have been for the record books, and the area of data breach litigation is no exception. The number of data breaches last year was more than double that of its previous year, with industries that were frequent targets including government, healthcare, retail, and technology. Often, more and more companies facing security breaches, the number of data breach litigations is also increasing.

As normally seen, most of the data breach litigation is based on an allegation of future harm that the data breach put claimants at greater risk of potential future identity theft.

The number of U.S. data breaches litigation has almost doubled in a span of year time i.e., between 2019–2020. Ever before, the private consumers’ rights to protect their data and hold companies accountable for unauthorized disclosures are given rather more importance. In the US, the Central District of California was the preferred forum for filing class action data breach litigation in the previous years, with approximately 26% of all filings originating in that court.

Data breaches will continue and the litigation as well. If someone is involved in any aspect of the data breach world, it is vital to be on the prominent edge of understanding legal and regulatory actions. To avoid and lessen, one needs to know what the courts are saying, what insurers are doing and how to plan for whatever twists await.

To sum up, when preparing cyber risk assessments, it is advised that businesses should work through internal and/or outside counsel so the sensitive information must be protected. Further, applying a comprehensive legal strategy while developing a data security risk assessment will help to shield the final product from discovery in subsequent data breach litigation.