Class Action For Collection Of Personal Identifiable Information (PPI)
4 min read
Entities such as the government use personally identifiable information for data analysis. However, there is often a threat of privacy violation due to the increased technology.
This makes such information easier to access and share with others.
Breach of PPI has been on the rise, resulting in the loss of millions of individuals’ or company’s records.
Whether you are a company or a group of individuals who suffered from a breach of personally identifiable information, you may file a class-action lawsuit to collect damages
Mass Collection Of Personal Identifiable Information
One main area where consumers’ right to PPI is violated is by the internet. This is when users log in to create new accounts. It makes it easier for such information to be tracked from its storage, location, etc.
There are legal ways to collect PPI; likewise, hackers collect such information illegally with their own financial interests. These hackers typically use viruses or spyware to steal information from individuals, companies or organizations, etc. Consumers or individuals who have their information hacked may consult class action lawsuit lawyers in California to help file their claims.
Collection of personal information can be direct, coming from the person giving information, or indirect, from a third party. If one suffers a violation of data privacy, they are more likely to:
- Encounter financial losses
- Deal with psychological issues such as poor reputation
An entity has to ensure the protection of its consumer’s identity. If a company cannot protect its consumer’s information or doesn’t follow data privacy principles, this may amount to a breach.
According to the Federal Trade Commission Act(FTC), companies should safeguard any PPI information they collect.
Anyone who is to use sensitive information has to obtain express consent. For instance, if one uses your health information or social security number, they must obtain consent unless there are exceptions. Consent must be obtained, not unless the PPI information is deemed to:
- Fulfill a legal enforcement requirement
- Fulfill a legitimate business purpose
There must be reasonable protection of such collected information to ensure its not hacked. For instance, if a website operator obtains your PPI but fails to provide security and such data is stolen, this may amount to a breach.
Filing A Class Action Lawsuit
If you are a group of consumers whose PPI information was collected and used without consent, the best move would be to take a class action. This proves to be the best way of enforcing consumers’ compensation.
Class actions are on the rise, especially to the entities that are responsible for collecting personal data. The reasons being the heightened risk of having the data collected for the financial interest of hackers.
In most cases, victims of a violation of data privacy are discriminated against and don’t get the necessary legal help they need to recover damages.
Unfortunately, the harm from a violation of data privacy may involve future risk of harm which sometimes may be unquantifiable. There is a challenge as most cases require that a victim show that they suffered direct harm. You can look for a class action lawyer who has handled similar cases and has a proven record for your legal claim.
For any damages, it has to be established that the plaintiffs:
- Personally identifiable information was collected and exposed. For instance, it would be easier to prove that a hacker had a target to obtain the data. You may show that your sensitive information such as your social security number, or your medical information was compromised
- The data obtained was sensitive.
- Data was illegally taken and misused.
Remember that for the success of any class action lawsuit; plaintiffs have to:
- Have a common fact
- Have the same claim similar to other members of the class. That is, they must have suffered from the same injury- breach of PPI
If you have identified other victims of illegal PPI collection, you can file a class-action lawsuit. The parties or the court has to look for other consumers who may have suffered similar harm. As such, they should ensure each class member is notified of the need to file a consolidated compensation claim.
According to California data breach law, personal information relates to one’s name, including the first or last name or the first initial, which may be used to trace or distinguish your identity; this could be your social security number or employment or medical information.
Every personally identifiable information kept increases the chance of liability exposure, especially when sensible policies are not followed to ensure its safety.
Organizations should implement all possible ways to protect PPI by first determining the context of use or why such information is collected and their obligations to protect confidentiality.
To learn more about the concept of PPI and how its breach should be handled, you can consult an experienced lawyer.
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