What damages could one claim in a data breach, if the data was not subsequently used fraudulently?

Avancer Corporation
4 min readApr 12, 2022

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What damages could one claim in a data theft lawsuit? The answer depends on the circumstances of the case. For example, it may be possible to claim that the company was negligent in handling patient data or that the company had no idea that the information contained in the systems would be vulnerable to hackers. In addition to the breach itself, there may also be other damages associated with the leak, such as the cost of forensic investigations after the data was stolen. Further, the victim may have to hire credit monitoring services and spend time recovering from the incident. Finally, if the defendant knew of the breach, it may have taken appropriate measures to prevent fraud or other losses. In these cases, the plaintiff may claim that the company knew of the risk but failed to take action or was unaware of the breach.

Medical Identity Theft

As medical records are increasingly shared online, more people may be at risk for medical identity theft. In such a situation, the victim may discover the crime decades after it. In addition to the damage mentioned above, victims may find that they have been given the wrong blood type on a medical chart or that a background check indicates false diagnoses. While medical identity theft is difficult to detect, it is still a significant problem with the potential to happen more often than documented.

The most common way medical identity thieves use stolen information is by attempting to claim reimbursement for services that were not rendered. Therefore, consumers should carefully examine their statements for any suspicious payments. Typically, medical identity thieves need a patient’s Social Security number and medical insurance information to make such claims. Therefore, it is vital to protect this information and only provide it to a healthcare professional if it is indispensable and when the privacy of your data has been guaranteed.

After discovering a data breach, it is essential to check your credit reports. Fraudsters can use your personal information to commit credit and loan fraud. In such a scenario, you should contact the three major credit bureaus and inform them about the problem. You can also request copies of your credit reports and initiate a credit freeze if necessary. To begin claiming medical identity theft damages, contact a specialist or local authorities.

MESH IAM

Managing users can be challenging. Changing positions and responsibilities are common, and users are often assigned new projects and roles. Users need to be appropriately authorized and granted access to data and resources. Without IAM, users may be abused and misused. Therefore, the role of an IAM leader is essential to protect data and assets. An IAM leader should know the different types of users in an organization and the best ways to prevent and mitigate remote issues.

In January 2016, the Boston Scientific CFO Dan Brennan announced a settlement of $800 million in transvaginal mesh lawsuits. This settlement is a part of a more significant agreement between the company and the plaintiffs’ law firms that will pay an unspecified amount to settle the claims. In addition, Endo International also reached a deal with multiple plaintiffs’ law firms to settle 20,000 mesh lawsuits for as much as $830 million in January 2014.

Cybersecurity Consultant

If a data breach occurs due to a cyberattack, the company that hired a cybersecurity consultant may be liable for any damages caused. For example, in a recent case, Accenture Plc failed to defend itself against claims by Marriott International Inc. that its cybersecurity consultant was unable to protect its customers’ information. As a result, the company breached Starwood’s database in 2014, exposing the personal information of 500 million guests. The lawsuit also held Accenture liable for consumer damages, as the cybersecurity consultant was responsible for developing and implementing Starwood’s cyber policies.

The company must quickly respond to the incident, which requires more than technical resources. Senior management should be involved in any response, including contacting law enforcement, conducting an internal investigation, complying with notification and mediation requirements, and planning a public relations strategy. While an internal analysis is critical, it should not prioritize the legal responsibility of a cybersecurity consultant. After a data breach, an investigation must be conducted to determine whether any liability has been established.

The damages a company sustains due to a data breach can be considerable. Cybersecurity consultants can help the company minimize the damages incurred due to a data breach. Among these damages are lost revenue and profits. Cybersecurity consulting can also help the company improve its strategic roadmap and execute plans efficiently. In addition, the company can get an accurate assessment of its cybersecurity maturity and implement measures to enhance the security of its systems.

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Avancer Corporation
Avancer Corporation

Written by Avancer Corporation

Avancer Corporation is a multi-system integrator focusing on Identity and Access Management (IAM) Technology. Founded in 2004, it has over a decade’s expertise

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