Data Breach Compliance and Security Assessment

What do data breach compliance and security assessments entail?  

Data breach compliance counseling and risk assessment involves helping clients comply with laws and regulations related to data storage and use and assessing the potential risks of a data breach occurring. This process may include reviewing all current data security policies and procedures, providing guidance on complying with the relevant information security laws, and helping to develop a plan for responding to any potential data breaches. In addition, a risk assessment may include identifying common vulnerabilities in systems and networks and recommending steps to mitigate those risks and avoid possible legal action.  

Need counseling for data breach compliance or an assessment of security risks? Schedule your consultation today with a top data privacy and cybersecurity attorney.  

What legal issues typically arise from data breaches?  

The following issues commonly arise from data breaches:  

• Statutory violations: Florida law requires organizations to notify affected individuals and the Florida Attorney General in case of a data breach involving Florida residents’ personal information. Organizations must comply with these requirements promptly to avoid potential legal consequences. 
• Class action lawsuits: Individuals affected by a data breach in Florida may file a class action lawsuit against the organization responsible for the breach, alleging that the organization failed to adequately protect consumers’ personal information. 

• Consumer protection lawsuits: Individuals affected by a data breach in Florida may also file lawsuits alleging violating Florida’s consumer protection laws, such as false advertising or unfair business practices. 
• Contractual obligations: Organizations may be in breach of contract if they fail to fulfill their obligations to protect the personal information of their customers or clients, as outlined in privacy policies or service agreements. 
• Liability for damages: Organizations may be liable for damages suffered by individuals due to a data breach in Florida, including costs associated with identity theft or fraud and loss of privacy or reputation. 
• Criminal charges: In some cases, individuals or organizations may face criminal charges related to a data breach, such as identity theft or hacking. 

What Florida and federal laws apply to data breach compliance and security assessments? 

The following statutes are commonly implicated in data breaches and are therefore crucial for compliance: 

• Florida Information Protection Act of 2014 (FIPA): FIPA is the primary law in Florida that governs data breaches involving the personal information of Florida residents. It requires organizations to notify affected individuals and the Department of Legal Affairs in the event of a data breach and also establishes specific security standards for protecting personal information. 
• Florida Deceptive and Unfair Trade Practices Act (FDUTPA): FDUTPA is a consumer protection law prohibiting deceptive or unfair business practices, including failing to protect personal information. Organizations that fail to comply with their obligations under FIPA may be subject to legal action under FDUTPA. 
• Uniform Electronic Transactions Act (ETA): The ETA governs electronic signatures’ use and legal recognition. Organizations that use electronic records or signatures may be subject to specific obligations under the ETA, including the need to protect personal information and notify affected individuals in the event of a data breach. 

What is required to prove a case of a data breach in Florida? 

In Florida, to prove a case of a data breach, a plaintiff must typically establish the following elements: 

• The data breach compromised the plaintiff’s personal information;  
• The defendant had a duty to maintain the security of the plaintiff’s personal information;  
• The defendant failed to fulfill this duty, resulting in a data breach; and  
• The plaintiff suffered harm from the data breach, such as identity theft or financial loss. 

When a set of facts is appropriate to meet the requirements of a data breach, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path forward to seek appropriate remedies, such as:  

• Monetary damages 
• Injunctive relief: 
• Statutory damages  
• Punitive damages  
• Attorney’s fees and costs 

To see what actions may be available for your unique situation, please contact our office to set up your initial consultation. 

What are common defenses to data breach claims in Florida? 

The primary defenses to data breach claims in Florida include the following:  

• Lack of causation: The defendant may argue that they were not responsible for the data breach and that their conduct did not cause any resulting harm. 
• Plaintiff’s conduct: Alternatively, the defendant may contend the plaintiff’s conduct (e.g., failure to secure their personal information properly) contributed to the data breach. 
• Compliance with industry standards: Sometimes, the defendant will assert they followed industry standards and best practices for data security and that any failure on their part did not cause the data breach. 
• Unforeseeable events: An unpreventable, unforeseeable event, such as a natural disaster or a particular type of cyberattack, may be the basis of another defense.  
• Statute of limitations: If sufficient time passes, the defendant may argue that the statute of limitations bars the plaintiff’s claims.  

To see what defenses may be available for your unique situation, please contact our office to set up your initial consultation. 

Have more questions about a data privacy and cybersecurity law-related situation?  

Crucially, this overview of data breach compliance counseling and risk assessment does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances. 

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively. 

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant. 

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation.