Privacy Rights & Data Breach

Sensitive personal information like Social Security numbers, financial data, and health records is stored and shared across networks every day. The consequences can be serious when that information gets exposed due to a data breach. 

In Phoenix, both employers and employees should understand what the law says about data privacy and what to do if a breach happens, to avoid committing a breach of contract at your workplace. Continue reading to learn more.

What is a Data Breach?

A data breach happens when personal information is accessed, stolen, or disclosed without authorization. 

These incidents can be triggered by:

  • Cyberattacks (like ransomware or phishing),
  • Lost or stolen laptops or flash drives,
  • Misconfigured software or cloud storage,
  • Accidental disclosures or employee mistakes.

In the workplace, data breaches often involve payroll data, medical benefits info, or personnel files.

Arizona’s Data Breach Notification Law

Arizona law requires employers and other businesses to notify individuals when a breach involving personal information occurs. If your data is compromised, you’re entitled to a prompt notice that is clear, detailed, and actionable.

The notice should explain:

  • What kind of information was exposed (e.g., SSN, health records, financial data, etc.),
  • How the breach happened,
  • What steps are being taken to fix it, and
  • What you can do to protect yourself (like credit monitoring or identity protection services).

If an employer fails to provide timely notice or doesn’t take reasonable precautions to protect your data, they could face legal consequences.

Your Rights as an Employee After a Data Breach in Phoenix

If your personal data is affected by a breach at work, you have several key rights:

  • Right to Notice: Your employer must notify you if your personal data was part of a breach. That notice should come in writing and explain exactly what happened.
  • Right to Protection: Depending on the nature of the breach, you may be entitled to free credit monitoring, identity theft services, or other resources to help you recover.

If your employer didn’t use reasonable safeguards or failed to notify you as required by law, you may be able to pursue legal action. This could include a claim for financial losses or other damages caused by the breach.

Data Responsibilities for Employers in Phoenix

For employers, protecting employee data is a legal duty. 

To reduce the risk of a breach and stay compliant with Arizona law, companies should:

  • Know what personal data you collect, why you need it, and how long you retain it.
  • Use safeguards such as strong passwords, encryption, secure access controls, and routine security audits.
  • Have a step-by-step process ready in case of a breach
  • Train employees about phishing scams, password safety, and data handling procedures.

If outside vendors handle employee data (like payroll providers), make sure your contracts include strong privacy requirements and that you regularly audit their practices.

What to Do if Your Data Was Breached

If you get a notice that your personal data has been compromised, here are some practical steps you should take:

  • Review the Notice: Identify what kind of data was exposed and how the breach occurred.
  • Act Quickly to Protect Yourself from Fraud: Consider placing a fraud alert or credit freeze with the credit bureaus. Change your passwords and enable multi-factor authentication on important accounts.
  • Monitor Your Accounts: Watch for unusual activity on your bank, credit card, and healthcare accounts.
  • Document Everything: Save the breach notice, any related correspondence, and a record of steps you’ve taken. These will be helpful if you need to take legal action.

If you believe your employer mishandled the situation, you should consider consulting a data privacy or employment attorney to review your options.

Contact the Phoenix Employment Lawyers at Houk Employment Attorneys for Help Today

If you’ve been impacted by an employment-related data breach, an employment law attorney can help.

At Houk Employment Attorneys, we help both employees and employers navigate Arizona’s data privacy and employment laws. Contact us today to schedule a consultation with a Phoenix employment attorney to learn more about your rights and options.

For more information, please contact an experienced employment attorneys at Houk Employment Attorneys to schedule an initial consultation today. Our employment law firm is conveniently located near you. We have an office in Phoenix, AZ.

Houk Employment Attorneys
1850 N Central Ave Suite 2010, Phoenix, AZ 85004
(480) 569-2377