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What is the responsibility of the employer....

Posted on 2/1/24 at 6:49 am
Posted by Guzzlingil
Baton Rouge
Member since Dec 2003
2006 posts
Posted on 2/1/24 at 6:49 am
if they were hacked and personal information may have been compromised?
Posted by slackster
Houston
Member since Mar 2009
84753 posts
Posted on 2/1/24 at 6:56 am to
Not sure what they have to do, but what they’ll probably do is send a letter with a prepaid identity theft protection plan for a year.
Posted by sonoma8
Member since Oct 2006
7663 posts
Posted on 2/1/24 at 8:00 am to
(no message)
This post was edited on 2/1/24 at 8:01 am
Posted by LSURep864
Moscow, Idaho
Member since Nov 2007
10907 posts
Posted on 2/1/24 at 8:21 am to
All of this depends on a few factors


There is no such thing as a system that cannot be hacked.

The ultimate responsibility falls on organization Senior Leadership to push governance and compliance. They need to lead the security culture.

Did they do their Due Diligence in creating an Information Security program to meet industry standard security practices?

Did they exercise Due Care and implement those security policies and controls? Did they have audits to ensure they were following controls? Did they mitigate risk found in their audits?

If the answer is yes to all that, then legally they acted as a prudent person would do and aren't going to be liable for anything.


If the answer is no, then there is culpable negligence and are probably vulnerable to a lawsuit.


So like all vague questions in life, the answer is... maybe.

This post was edited on 2/1/24 at 8:22 am
Posted by TheWiz
Third World, LA
Member since Aug 2007
11672 posts
Posted on 2/1/24 at 8:59 am to
quote:

what they’ll probably do is send a letter with a prepaid identity theft protection plan for a year.


This.
Posted by TJack
BR
Member since Dec 2018
1291 posts
Posted on 2/1/24 at 9:20 am to
ChatGPT:
If an employer experiences a data breach where personal information may have been compromised, their responsibilities typically include:

1. **Notification:** Informing affected individuals about the breach promptly. This may involve notifying employees, customers, or other stakeholders whose personal information may have been exposed.

2. **Communication:** Providing clear and transparent communication about the nature of the breach, the type of information that may have been accessed, and the steps being taken to address the situation.

3. **Assistance:** Offering support and assistance to affected individuals, which may include resources for credit monitoring or identity theft protection services.

4. **Investigation:** Conducting a thorough investigation to understand the extent of the breach, identifying vulnerabilities, and taking steps to prevent future incidents.

5. **Compliance:** Adhering to legal requirements and regulations related to data breaches, which may vary depending on the jurisdiction.

It's crucial for employers to take proactive measures to safeguard personal information and, in the event of a breach, respond responsibly to mitigate potential harm to those affected.
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