The Florida Legislature recently passed the Florida Information Protection Act of 2014 (FIPA) which works to guard against a data breach.
A data breach is the voluntary or involuntary release of secure or private/confidential information to an untrusted environment. It is considered to be a security infraction in which private, protected or undisclosed data is copied, transmitted, viewed, stolen or used by an individual unauthorized to do so.
Data breaches often include highly sensitive and private financial information such as credit card or bank details. Once these violations have occurred, companies have a legal obligation to warn of their security breaches.
According to federal law, the notice to affected individuals must be made expeditiously and without unreasonable delay. Florida law allows covered entities to take into account the time necessary to allow the covered entity to determine the scope of the breach of security, to identify individuals affected by the breach, and to restore the reasonable integrity of the data system that was breached. However, time is a factor and notice to affected individuals are to occur within 30 days after determining or having a reason to believe that a breach has occurred.
Once a company’s data has been violated, there will be great expense in the protection and retainment of their clients, with typical amounts for larger entities reaching into the millions. Companies are left to contend with a ruined reputation, vandalism, theft, lost revenue and damaged intellectual property. Legal counsel is instrumental in recovering these matters as well as protecting companies from any future cybercrimes.
As technology advances, the number of cyber infractions continue to rise at an unprecedented rate and it is imperative that companies take proper precaution to ward against these crimes.
The Lomnitzer Law Firm, P.A focuses on providing legal services in cyber law security. Our highly skilled and knowledgeable lawyers serve as an invaluable resource in managing cyber incidents. Following proper procedure can make all the difference in protecting sensitive information, limiting damage, and avoiding class action or other lawsuits.
We invite you to contact us for more information regarding how we can assist you in properly navigating through an unexpected data breach.