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Data breaches can have devastating consequences for employees, from identity theft to loss of financial security. In California, employees have strong legal protections under the CCPA and CPRA, which provide the tools necessary to hold employers accountable for mishandling personal information.
Data breaches happen when unauthorized individuals access sensitive information, often due to vulnerabilities in an organization’s data security systems. These breaches are possible due to a variety of different reasons, including:
Simple human mistakes cause many data breaches. Employees may unintentionally send sensitive information to the wrong recipient, click on phishing links, or fall for social engineering scams that give hackers access to confidential data. Misconfigured databases, weak passwords, or failure to follow proper security protocols can also expose sensitive information to external threats.
Cyberattacks are a leading cause of data breaches. Hackers use various techniques, such as malware, ransomware, and phishing, to infiltrate an organization’s network and steal valuable data. Cybercriminals oftentarget businesses with large amounts of employee and customer information, including Social Security numbers, financial data, health records, and other personal information.
Not all data breaches are caused by external hackers. In some cases, current or former employees with access to sensitive data may intentionally expose it. This could be due to malicious intent, such as stealing trade secrets or personal information to sell on the black market.
Many companies rely on third-party vendors for services such as payroll, benefits administration, or IT support. While outsourcing these functions can be efficient, it also creates additional risk, as vendors may not have the same security measures in place as the employer. If a third-party vendor experiences a data breach, the employer’s employees may be affected, as their personal data could be exposed through the vendor’s systems.
Data breaches aren’t always digital. Physical theft of company devices, such as laptops, smartphones, or hard drives, can also lead to the loss of sensitive employee information.
In California, two key laws provide data privacy protections for consumers and employees:
California Consumer Privacy Act (CCPA)
The CCPA, which went into effect in January 2020, was designed to give California residents greater control over their personal information. While it is primarily focused on consumer privacy, it also applies to employees in certain situations. Under the CCPA, employees of companies that meet certain thresholds (such as annual revenues over $25 million or businesses that handle data from more than 50,000 individuals) have specific rights regarding the collection and use of their personal information.
Key employee protections under the CCPA include:
The CCPA was groundbreaking but it did not apply to employee data in full until the CPRA extended these protections further.
California Privacy Rights Act (CPRA)
The CPRA went into full effect in January 2023 and builds on the foundation of the CCPA by expanding data privacy rights and creating additional obligations for employers. Key changes under the CPRA include:
Together, the CCPA and CPRA protect employees’ personal information and give them the tools they need to hold employers accountable for data breaches and privacy violations.
If your personal information has been compromised in a data breach or if you believe your employer has violated your privacy rights under the CCPA or CPRA, consulting an experienced Orange County workers’ compensation attorney is critical to protecting your rights and seeking compensation. Here’s how they can assist:
An attorney can review the details of the data breach to determine whether your employer failed to comply with data security laws or mishandled your personal information. They can help you understand your legal rights under the CCPA, CPRA, and other applicable laws and determine whether you have a valid claim for damages.
An attorney can help you file a complaint with the California Privacy Protection Agency (CPPA) or other regulatory bodies. In some cases, they may also help you file a lawsuit against your employer.
If a data breach has resulted in identity theft, fraud, or other financial harm, an attorney can help you pursue compensation. Under the CCPA and CPRA, employees may be entitled to statutory damages ranging from $100 to $750 per incident or actual damages, whichever is greater. An experienced lawyer will help you build a strong case and ensure you receive fair compensation for your losses.
An attorney can help you file a claim for retaliation if your employer takes adverse action against you for asserting your data privacy rights.
If you have been affected by a data breach, an experienced Orange County Employment Attorney can help you navigate the complexities of data privacy laws, protect your rights, and seek compensation for any harm. Call (949) 379-6250 or message Aegis Law Firm online today to arrange a free consultation.