An employee improperly accesses his employer’s computer network and steals the names, birthdates, and social security numbers of his fellow employees to use for illegal financial gain. A criminal hacks into that same network for similar illegal purposes. Because employers regularly obtain, store, and use confidential employee personally identifiable information (“PII”) as part of their business operations, they are targets for this kind of activity. But what legal responsibility do employers have to their employees when PII is misappropriated by an employee, or stolen by hackers in a data breach? Two Pennsylvania courts have recently shined some light on this issue. In both cases, which involved large-scale data breaches affecting thousands of employees, the courts absolved the employers of any potential liability because either (1) they owed no duty in tort to their employees to protect PII against data breaches or (2) the employer had no express or implied contractual obligation to protect the PII. Read more
The content of the Tucker Ellis LLP (TE) website is for informational purposes only. It should not be relied upon as legal advice or legal opinion. Use of this website does not create an attorney-client relationship between you and Tucker Ellis LLP. You should not act upon the information on this website without seeking advice from a lawyer licensed in your state or country. Please note that you should not send any confidential information pertaining to potential legal services to Tucker Ellis LLP or any of our attorneys until you have received written agreement from Tucker Ellis LLP to perform the legal services you requested. The content of any internet email sent to Tucker Ellis LLP will not be treated as confidential. All uses of the contents of this site, other than personal uses, are prohibited.
We do not share your information with any third parties without your consent except as follows: 1) where such disclosure is necessary to comply with the law or protect the safety of our users and others; or 2) with service providers performing services on our behalf. Any service providers employed by our firm will have access to your information solely to the extent necessary to enable them to perform the service on our behalf and will be contractually prohibited from using the information for any other purpose.
Our site employs industry standard security measures designed to protect against loss, misuse or alteration of the information you provide us via our website. Tucker Ellis LLP is not responsible for unauthorized access to information by hackers or others who have obtained such access through illegal means.
We reserve the right to use any information you supply to us, consistent with applicable laws and any professional obligations we may have. We statistically monitor visitors to our site in order to improve its contents. When you use this website, you consent to the use of your personal information by Tucker Ellis LLP in the manner specified in this policy.