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MEMORANDUM Date: [today's date] To: Daniel Hudson From: [student name] Re: Potential Liability for Data Breach Introduction [Provide an introduction in this section.] Liability for Negligence [Discuss potential liability for negligence under Florida law in this section. The tort of negligence occurs when someone suffers injury because of another's failure to live up to a required duty of care" (Miller, 2016, p. 81). To maintain an action for negligence, a plaintiff must establish "that the defendant owed a duty, that the defendant breached that duty, and that! this breach caused the plaintiff damages" Fla. Dep't of Corr. v. Abril, 969 So. 2d 201, 204 (Fla. 2007). Defenses [Discuss potential defenses in this section.] Conclusion ble Editing [Give a brief conclusion in 1-2 sentences.]
RE: Potential Liability for Data Breach Newly, at eHarbour there's been a cyber-attack by a computer virus from an unknown cybercriminal. This occurred when one of the employees opened an email that appeared to be sent by the State of Florida Division of Corporation for business registration renewal. Due to this cyber-attack, the data related to the customers such as names, addresses, phone numbers, credit card information, and other sensitive information has been compromised. This is viewed as negligence on account of the company to maintain the confidentiality and security of the customer data. In terms of Liability for Negligence, according to the local laws, any organization, individual, or entity is noticed to have functioned negligently; it is found that the duty of care has been breached that caused some sort of damages, loss, and or harm to the other person. In those given circumstances, as the company was owing to the responsibility of guaranteeing the confidentiality and security of the personal data of all its customers, there is a breach of duty of care as the company is not able to guarantee the fulfillment of its duty to safeguard the data of its customers. Another element that is also relevant is that negligence can be proven if there is damage to the customers since the customers' data has been compromised. Therefore, there is a possibility that the data can be misused for spiteful purposes by the hackers, causing severe financial and even non- financial issues for those individuals. The causation of this action is primarily because the employee of the company, so all the elements of negligence are present in the incident cyber-attack For defense, the company may defend itself from the case of negligence by stating that all the due care has been initiated from their end and cyber-attack is something that is outside the control of the company; there can also be an assumption of risk when the customer provides his or her data to any organization. Although the cyber-attack is not in the control of the organization, however, the company owes the responsibility of maintaining the security of the customer data. Looking at the compromised situation of the customer data being leaked, and related negligence in the entire process by the employee, it is advised to improve the cyber security by installing more firewalls and data security and facilitating more training to the employees about these types of attacks. The company should check whether the data is used for any unlawful or unauthorized purposes and convey the incident to the customers and try to assure them that all the required steps for the future safety and protection of their data have been initiated.
Relationships of Torts to Risk Management Competency Student analyzes the elements for negligence. Student analyzes the reasonable prudent person standard for negligence. Student analyzes the potential damages in a negligence action Student discusses potential affirmative defenses. Mastery Student provides substantive reasons to support their position. Total Competency Criteria: Total Mastery Criteria: X MET X X X NOT YET MET