There is a reasonable expectation of privacy that individuals have a right to under the Fourth Amendment. The Fourth Amendment specifically provides that United States citizens have a right to freedom from warrantless searches in locations where they have a reasonable expectation of privacy. These are specific aspects or areas of a person’s life where a reasonable person would expect some degree of privacy.
Data privacy management, which is also often referred to as privacy management, is part of information technology (IT) databases that companies and individuals use to monitor and determine the types of data that are stored in their computer system that may be shared with third parties.
Generally, companies that collect people’s personal data, for example, credit card numbers, use data privacy management platforms to manage and protect information the company collects.
The laws that govern data privacy management and the rules that companies have to follow are expanding rapidly to protect privacy rights and information. The specific requirements for data management that companies that collect data must follow are different in every state.
Generally, however, the company has to get consent from the consumer before it collects any of their data. If the company fails to do so, it may be in violation of federal or state data regulations.
A company may use one or more of the following data or security protections measures to ensure data privacy, including:
- Implementing security measures, including network security or firewalls
- Using an online security company or data management company to manage collected data
- Using a non-disclosure agreement to keep collective sensitive information private
- Hiring an attorney to continuously monitor company privacy policies against federal and state laws as they develop and expand.
- There is not an overreaching federal law that governs online privacy in the U.S.
To find out more about data privacy and the laws that govern the collection of data in Pennsylvania, it can be helpful to consult with a Pennsylvania lawyer.
What Are Some Common Data Privacy Violations?
There are common data privacy violations that happen every day, especially online. One of the most common violations is related to consent from the individuals whose data is collected.
If someone’s personal information, for example, their Social Security number (SSN), is sold to a third party without consent from the consumer, the company likely broke privacy rights laws.
As previously noted, there is not a federal law that governs online privacy. It is legal for a private firm to sell or reveal someone’s SSN. Although the Federal Privacy Act of 1974 restricted the government’s use of SSNs, it did not address the collection and distribution of SSNs by the private sector.
Congress recently passed legislation that is enforced by the Federal Trade Commission (FTC) that limits public access to information that is collected by database companies. This also included an agreement from the three major credit bureaus to limit public access to people’s private information. It is important to note, however, that personal information can still be shared with different parties, such as hospitals, insurers, banks, employers, and others.
A person’s SSN can be used online as well as accessed online in many different ways. For example, it may appear on someone’s birth certificate, driver’s license, and various types of government applications.
There are several data privacy violations that can result in criminal penalties, including:
- Revealing information about a private employee to other employers or individuals without the employee’s consent
- Posting an image of someone’s face in any manner without that person’s consent
- A data breach to a database that stores a consumer’s information, for example, credit card account numbers
- Consumer fraud misrepresentation, or deceit, in order to obtain someone’s personal information
- Identity theft, where an individual who has access to a database steals someone’s identity of sells it to a party that intends to use it for financial gain
- Disclosing someone’s sensitive information for financial gain in some other way, for example, for the purposes of direct advertising
What Data Must Pennsylvania Businesses Protect Under Privacy Laws?
A Pennsylvania business has to protect a wide range of data, which includes SSNs, driver’s license numbers, financial account numbers, online account credentials, such as user names and passwords, and health insurance and medical information.
The Breach of Personal Information Notification Act (BIPNA) requires Pennsylvania businesses to secure these types of data and notify individuals whenever there is a breach. This law applies to computerized personal information.
The Pennsylvania Supreme Court has held that employers have a duty to exercise reasonable care in order to safeguard the sensitive information of employees’ sensitive personal information. This is not considered strict liability.
When Can a Pennsylvania Business Be Sued for Data Privacy Violations?
A Pennsylvania business may be sued for data privacy violations if it failed to implement reasonable security measures to protect personal data, which led to a breach and subsequent harm to residents. This can include the failure to protect employee data.
To find out more information about the steps a Pennsylvania business can take to avoid a lawsuit for a data privacy violation, it is important to schedule a Pennsylvania lawyer consultation.
Are There Any Legal Remedies for Data Privacy Legal Issues?
Yes, there may be legal remedies available for data privacy legal issues in Pennsylvania, such as when someone’s private data was accessed or distributed without their consent. When a privacy breach does happen, there may be both criminal remedies and civil remedies available.
A civil lawsuit can be filed for a breach of data privacy. If someone does file a civil lawsuit, the possible remedies for a plaintiff can include:
- Compensatory damages to compensate for the financial losses suffered
- A court order to implement new data privacy management procedures within the company to make sure there are no similar breaches in the future
- Punitive damages if the company was grossly negligent in managing the data of its customers
How Can Pennsylvania Businesses Reduce the Risk of Data Privacy Lawsuits?
Pennsylvania businesses can reduce their risk of facing data privacy lawsuits by implementing cybersecurity measures, having clear privacy policies and notices, as well as providing employee training. A lawyer can help a business stay up-to-date on the latest changes in Pennsylvania laws and ensure they are in compliance.
It is also important for Pennsylvania businesses to have contracts with their vendors that state they will protect data. Companies should also create plans to promptly address any data breaches.
Should I Hire a Lawyer for Help with a Data Privacy Lawsuit?
Ensuring compliance with ever changing data privacy laws in Pennsylvania can be very difficult without the help of a Pennsylvania business lawyer. Your lawyer will help your business create and implement policies and procedures that will help ensure the protection of the private data you collect.
If your data has been leaked due to a breach and you have suffered losses as a result, your attorney can file a data privacy lawsuit on your behalf. Your business attorney will know which parties can be named in your lawsuit and the types of damages you may be able to request.
Whether you are an individual or a business, data privacy is extremely important. Use LegalMatch’s no cost attorney matching services to get starting finding your Pennsylvania business attorney today.
In as little as 15 minutes of your time, you can be connected with Pennsylvania attorneys who can help with your data privacy needs, whether you want to avoid a privacy issue, need help understanding the latest laws, or have already experienced a breach.
