Tuesday, August 18, 2015

Court to Consider Employer Liability for Employee Data Breaches

Employer liability for data breaches by its employees is an underdeveloped area of the law. However in Massachusetts there is a case pending to determine the scope of this liability.

The Adams v. Congress Auto Insurance Agency suit is about the alleged actions of an employee regarding the plaintiff's personal information. The employee's boyfriend hit a vehicle operated by Adams. The employee then accessed the insurance database for personal information about Adams which she gave to her boyfriend. Adams sued the insurance company for alleged emotional harm stemming from the intimidating phone calls by claiming the employer negligently permitted the employee to access and misappropriate his private information.

"internal data breaches are generally more prevalent and represent a primary source of concern for data security managers." - Privacy and Security Matters
While there are many external data breaches of a company’s electronic systems, internal data breaches are more prevalent and represent a source of concern for data security managers. Organizations seeking to proactively detect data privacy breaches by insiders, even those with authorized access, can utilize low-cost on-demand SaaS analytics services.
Learn how to proactively detect identity theft and unauthorized breaches of data privacy, even by authorized users - with no hardware and no on-site software.
Sources:
(a) ssachusetts Appeals Court Set to Consider Scope of Employer Liability for Employee Data Breaches - www.PrivacyAndSecurityMatters.com, 08/04/2015

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