A U.S. law firm has recognized that consumers who file lawsuits for data breaches resulting from security negligence must give 30-days notice of their intentions. This rule applies to data breaches that occur due to the failure to implement “reasonable security procedures”.

If the violation is rectified within the 30 days, written correspondence must be sent to the complainant stating that no further violations will occur. However, any further violations can potentially make businesses liable for statutory damages.

American consumers can bring legal action if their unencrypted data is breached as a result of:

  • failure of a business to implement and maintain ‘reasonable security procedures’, provided that;

  • the consumer gives 30 days written notice before filing, to allow the business time to resolve the violation.

If the violation is successfully resolved, the business must inform the consumer of the resolution in a written statement. They must also state that no further violations will occur.

However, if the security violation does reoccur, the consumer can take action to enforce the statement. They could claim statutory damages for each breach that post-dates the written statement, and any other subsequent CCPA violations.

Contact the author
Peter Borner
Executive Chairman and Chief Trust Officer

As Co-founder, Executive Chairman and Chief Trust Officer of The Data Privacy Group, Peter Borner leverages over 30 years of expertise to drive revenue for organisations by prioritising trust. Peter shapes tailored strategies to help businesses reap the rewards of increased customer loyalty, improved reputation, and ultimately higher revenue. His approach provides clients with ongoing peace of mind, solidifying their foundation in the realm of digital trust.

Specialises in: Privacy & Data Governance

Peter Borner
Executive Chairman and Chief Trust Officer

As Co-founder, Executive Chairman and Chief Trust Officer of The Data Privacy Group, Peter Borner leverages over 30 years of expertise to drive revenue for organisations by prioritising trust. Peter shapes tailored strategies to help businesses reap the rewards of increased customer loyalty, improved reputation, and ultimately higher revenue. His approach provides clients with ongoing peace of mind, solidifying their foundation in the realm of digital trust.

Specialises in: Privacy & Data Governance

Contact Our Team Today
Your confidential, no obligation discussion awaits.