Cyber Law

How Can Data Be Kept Safe?

If you’ve ever looked at the laws of the land regarding our data & information, you probably realize that there are a lot of holes in them. It’s not really a surprise, considering we have only had the internet for the last year or so – so some of these things weren’t as much of a concern until the past few years. But, because of major data breaches that have occurred at times, it keeps coming up in Congress and other fronts.

What Can Be Done Legally?

data law breachLuckily, because there is so little out there about these questions, that means we have a lot of wiggle room when it comes to determining the best way to make these laws pertinent. Of course, that also means that there are a lot of things that these people can get away with until they’ve been dealt with. There are laws in place to protect your privacy, but the use of your data is an entirely different story.

First off, make sure that you or your Baltimore personal injury lawyer reads any and all contracts for anywhere that you are providing your personal information to. The contract absolutely must have the ways that the company is able to use your data, and if you don’t fully understand what it says, make sure to ask – they’re required to tell you.

Of course, there are some people who are looking to get laws put into place about data safety, as well. No call lists are definitely a help, but if you give your information freely, you lose those rights for that category of calls or whatever they’re related to. Because of this, a lot of people believe that there should be stricter laws for how they can distribute your information in that way.

All in all, it’s about being more vigilant, but there is definitely a need for some stricter laws about solicitation and the use of your private data and information. How do you think that the whole thing should be taken care of? How can we control where our data and information goes by way of the law?

Guest Post contribution by Robert Hernandez
Brain injury trial lawyer
Specialising in legal data security.

What Would a Data Breach Law Look Like?

We’ve all heard about Target and other companies that have lost tons of information in data breaches. For a personal injury lawyer, these breaches put credit card information, social security numbers, and other identifying information into the hands of those who are looking to harm people with it, or abuse the information.

Potential Laws for Data Breaches

data breachBecause of this, the government has been working to put together a law or act that addresses these issues and protects the consumers who may be affected by these problems. Yes, many companies have protocol in place when breaches happen, but a law would likely universalize how companies are supposed to move forward when they’re working with these sorts of issues.

What would this potentially include? Here are a few possibilities.

  • Protocol about what consumers can do when a breach occurs, in terms of suing and/or monetary retribution. In some cases, this may not be allowed, but in other cases, it may be. It’s very situational, and will likely get outlined in this sort of law.
  • Exact guidelines for what these companies have to tell you, including what information has been breached and whether or not they have been able to resolve whatever “holes” may have been used during the breach.
  • A requirement that includes updates in security and other stipulations before a previously breached company would be able to start taking in private information again.
  • Timetables related to all of the above issues and whatever else may come up during and after a security breach has occurred to a company. These timetables are likely going to be at the core of whatever the law(s) end up being, because they are important so that customers can work to protect themselves as quickly as possible after a breach has occurred.

All in all, these laws would be put into place so that the consumer would be protected, but also so that the consumer would not be panicked when such an incident occurred. There is a fine balance that is necessary when putting this together, so lawmakers have to be careful when putting these together.