The Data Security Difference with Kightlinger & Gray
There is no shortage of headlines reporting on major data security breaches across the United States, and the law is working to catch up with the pace of the information age. While the legal industry is working to define the scope and extent of liability for data security breaches, businesses still need an action plan to follow if and when their data is compromised.
What is a Data Security Breach?
The most commonly “breached” information is personally identifiable information—or PII—such as Social Security numbers, birth dates, or driver’s license numbers. The argument remains as to whether or not one’s PII is considered “property” that can then be injured. If an individual were to physically steal a W-2 from a mailbox, the law would consider that trespassing. That said, it’s then logical to conclude it is likewise a trespass for hackers to bypass cybersecurity measures to obtain the same information from an electronic database. One theory is that an entity holding PII in a database may hold a bailment over the “electronic property,” and could potentially be liable for its loss to and misuse by a third party.
What Should I Do if I Suspect a Data Security Breach?
The attorneys at Kightlinger & Gray, led by Practice Group, John Drummy, are ready and waiting to assist companies in the event of a data security breach, and can handle and advise your business on all aspects of Data Security from prevention and maintenance to data breach recovery and litigation.
Whether its providing assistance with consulting companies on retaining an IT vendor who can identify exactly what data was compromised, whose records were violated, or where notice will need to be given, Kightlinger & Gray is equipped to consult with your business at all stages of data security, and damage mitigation.
The Kightlinger & Gray Experience
Our attorneys goal is to be able to provide industry leading support to our clients in the evolving world of data security. The dedication to our clients, and their sensitive data is priority one.
“The Kightlinger & Gray Data Security Practice Group can handle and advise your business on all aspects of Data Security from prevention and maintenance to data breach recovery and litigation.”
Pick the team that can handle it all.
Our work and experience doesn’t stop with data consultation and litigation, through our speaking engagements, and our written work, we also work to provide our clients with a vast amount of materials and resources to stay current on the data security environment:
- 2/21-22/14: “Toolbox – The Cyber Security Risk – Understanding The Organization, Discovering The Insurance Coverage Options, And Learning From Litigation” presented at the American Bar Association Tort Trial Insurance Practice Section – Ginny Peterson
- 2016: “Cyber Risk Exposures” paper Presented for Indiana Continuing Legal Education Foundation by Michael Brown, Ginny Peterson, Mark Riffle
- IndyBar 9/26/17 – “Reigning in Ransomware” presented on data security laws applicable to law firms and data breach response. – Adam Ira
- CLM 11/9/17 – Overview of data security laws, data breach response, best practices and coverage for cyber related policies — Adam Ira
- DTCI 11/16/17 – “Insurance Breakout Session” — Overview of data security laws, data breach response, best practices and coverage for cyber related policies – Adam Ira
Kightlinger & Gray has been litigating invasion of privacy claims for over 60 years. Let our depth and experience work for you and your business in the ever changing and uncertain data security realm.