With the ubiquity of digital platforms, many people fail to read all the terms of service with which they are presented online. Often, app and website users click “accept” without fully reading all the fine print.
In most cases, there are no negative consequences to doing so. Still, sometimes this can result in negative consequences for the person.
For instance, suppose your data is breached from a digital platform. When this happens, you may be able to pursue a legal claim against the negligent party.
A huge data breach involving Facebook and Cambridge Analytica became public knowledge in 2018. Following this enormous breach, many people had their sensitive data leaked.
Can you sue Facebook for data breach damages? Read on to find out.
No matter what the circumstances, it is critical to speak with a skilled tort attorney following a data breach. How can you sue Facebook for data breach consequences? Consult with an attorney at the firm of Morgan & Morgan to explore your legal options.
Our accomplished legal team will fight diligently to secure justice in your data breach case. You should not have to deal with the negative outcomes alone.
The attorneys at Morgan & Morgan will happily provide you with a no-cost legal consultation to discuss the facts of your case. Fill out the contact form on our website to arrange a free case evaluation.
Understanding the Facebook Data Breach
Cambridge Analytica is a data-mining company. In 2013, Cambridge Analytica obtained large amounts of Facebook’s information through another company, known as “Global Science Research.”
Global Science Research (GSR) secured large amounts of personal information about Facebook’s users through the use of a personality test app. This app was promoted as a tool for academic research.
After GSR obtained the data, they provided it to Cambridge Analytica. When users downloaded the personality test app, they were required to accept the terms of service.
These terms of service stated that the owners of the app could “edit, copy, disseminate, publish, transfer, append or merge with other databases, sell, license (by whatever means and on whatever terms) and archive [users’] contribution and data.”
If you digitally accepted these terms and conditions, can you sue Facebook for data breach harm? Possibly. If you have experienced a leak of sensitive information, consult with a knowledgeable data breach lawyer.
Since the Facebook data breach, three California residents filed a suit on behalf of 87 million Facebook users. They claim that the terms and conditions of Facebook guarantee that users own their own content. In the Cambridge Analytica case, this may not have been true.
Also, claimants have alleged that the leaked information was utilized to target Facebook users with advertisements for the 2016 U.S. elections. The team at Morgan & Morgan understands what it takes to fight for those who have been harmed by a loss of sensitive information.
When you have been affected by a data breach, speak with a trusted tort lawyer. You may be owed financial recovery for the harm you have sustained.
Understanding Liability in Data Breach Cases
One of the most important issues in any digital data breach case is legal liability. What rights do Facebook users have? Can you sue Facebook for data breaches?
In situations that are similar, there are few legal options for consumers. Unfortunately, the concept of data security and digital privacy is not clearly established in tort law.
In some cases, claimants must argue that certain special circumstances require the company to owe them a specific duty. For instance, plaintiffs may claim that the platform owed them a fiduciary duty.
In 2017, an Equifax data breach resulted in a legal claim. The plaintiffs alleged that the corporation owed them a duty to protect their financial information. The outcome of this case is still in question.
However, common law typically does not view data breaches as an unqualified harm. Claimants usually need to pair their data breach claims with additional allegations, such as identity theft.