In today’s digital world, almost every company stores customer information online. While this makes everyday life more convenient, it also creates a growing risk of data breaches.
If your personal data, such as Social Security numbers, bank details, or medical information, is exposed, it can lead to identity theft and serious financial harm. But can you take legal action against the company that failed to protect your information?
This article explains your rights under Georgia law and what steps you can take if you’ve been affected by a data breach.
Understanding What a Data Breach Is
A data breach happens when private or confidential information is accessed, shared, or stolen without permission. This can occur due to weak cybersecurity systems, insider errors, or deliberate attacks by hackers. Common types of information exposed in a breach include financial records, passwords, healthcare details, and personal identification numbers.
When companies collect personal data, they have a duty to protect that information. If a business fails to take reasonable steps to secure its systems, it can be held responsible for damages caused by a breach. The key question in a lawsuit is whether the company acted negligently in protecting your data.
When You May Be Able to Sue
Not every data breach automatically leads to a lawsuit. To file a claim, you generally need to show that the company failed to take proper precautions and that its negligence caused you harm. Examples include failing to update security software, ignoring known threats, or storing sensitive data without encryption.
In Georgia, victims of data breaches can bring lawsuits under different legal theories, including negligence, breach of contract, or invasion of privacy. Negligence is the most common claim and focuses on proving that the company owed a duty to protect your data, failed in that duty, and caused financial or emotional harm as a result.
If you can show that the breach led to identity theft, fraudulent charges, or damage to your credit, you may be entitled to compensation. Even if you haven’t suffered direct financial losses yet, some courts allow recovery for the time and money spent monitoring accounts and repairing credit after a breach.
Who You Can Hold Responsible
The company that lost control of your data is usually the main party liable in a data breach. This may include banks, retailers, hospitals, or even government agencies that failed to properly secure personal information. However, in some cases, third-party vendors, cloud service providers, or contractors who handle data may also share responsibility.
If a hacker is identified, they can also be held legally accountable; however, this is rare, as most cybercriminals operate anonymously. As a result, lawsuits typically focus on the organization that failed to protect your information, not the individual hacker.
To succeed in your claim, you’ll need to prove that the company’s security measures were inadequate and that those failures directly caused your data to be exposed.
Georgia’s Data Breach Notification Law
Under Georgia law, companies must notify individuals if their personal information has been compromised. This requirement is found in the Georgia Personal Identity Protection Act. The notice must be given as quickly as possible once the company becomes aware of the breach.
If a business fails to send this notice within the required timeframe, it may face additional penalties and liability.
This law is designed to help consumers act quickly to protect themselves from fraud by freezing credit, changing passwords, and monitoring financial accounts. The company’s failure to notify customers in time may also strengthen your legal claim if you later experience financial harm.
Contact Our Kennesaw Personal Injury Lawyers at Starks Byron, P.C. for a Free Consultation
A data breach can leave victims feeling powerless, but the law gives you the right to seek justice and compensation when negligence is to blame. If a company failed to safeguard your personal information, you do not have to bear the burden of the consequences alone.
A Kennesaw personal injury attorney experienced in data breach cases can help you understand your options, pursue fair compensation, and hold responsible parties accountable. Acting quickly can protect your financial health and send a clear message that consumer privacy must be taken seriously. Call Starks Byron, P.C. to schedule a free consultation.
For more information, don’t hesitate to contact our team at Starks Byron, P.C. to schedule a free consultation in Kennesaw, GA today.
We proudly serve Cobb County and its surrounding areas:
Starks Byron, P.C.
1275 Shiloh Rd NW Ste 2710, Kennesaw, GA 30144
(404) 795 5115
