Can a company get sued for data recovery negligence?
Any company that advertises a professional service that they are not deemed qualified to perform can be held accountable for malpractice. Professional data recovery is just that, professional.
What would I need to prove this?
Of course you’ll need a legitimate reason why you feel wrongdoing. The more evidence you can obtain, the better to support your case. Remember, you should always know who has access to your confidential DATA. You’ll need the invoice showing the negligent process, relevant emails or maybe a YouTube clip that was exposed along with a copy of any signed disclosures. Find a reputable litigation lawyer to obtain the drive that will be examined by the expert in the field who will testify. Ask yourself, “How important was my DATA?” Did it even have a value?
I'm in the medical field and have patient data stored on my device. What about HIPAA violations?
Losing the chain of custody on HIPAA compliant DATA from unknown outsourcing means that you are unaware who has access to your DATA. There are many ways of violating HIPAA laws from outsourcing which could result in very hefty fines and possible lawsuits.
“Professional” data recovery services has been this hidden art form that many in the I.T. industry, or even America never quite understood. However, it has attracted so much attention in recent years because of the price consumers are willing to pay to have their precious data returned to them. U.S. colleges do not offer degrees or proper courses for training, which has left interested parties following amateur practices from YouTube or mail in “certification” courses. Computer shops and Solution providers just add on that extra service to their profiles without taking into consideration all that’s involved in offering data recovery services and ignoring data recovery fraud.
As a professional data recovery laboratory, imagine receiving case after case of drives destroyed from negligent practices and parties left devastated. Some will be victims of lawsuits from losing their clients’ work. Countless stories of despair and deceit seeded birth to the project known as “Data Recovery Malpractice“ in the year 2020 by Don Anderson, in an attempt to build awareness of the rapid incline of unscrupulous activity in “data recovery services”, and by creating a more honest and educated industry for the future of America.
While we adapt to the new changes presented, we must also change and become more aware of the corruption that hides in plain sight. As a consumer you should know that the (ad) listed in search results is not naturally there because of its quality content, but because it generates money. Every time that ad gets clicked on they will pay in hopes that you fall for the bait. This means that you, as the consumer, must put in the extra work to find that quality service that you’re looking for. Google recently changed its algorithm nearly forcing small businesses to use Pay Per Click, as you will find the majority of the search results are ads… Why would they do this to small businesses in a time like this!? I’ll let you figure that one out. Even their reviews can’t be trusted because they do not require any form of authentication that the spammer ever used the service that they are rating. What does this mean for the consumer looking for professional data recovery services? Unfortunately, it means more confusion. But with some awareness, all is not lost.
I’d like to give some pointers as precautionary guidance. First, when looking for professional data recovery services, companies you should be avoiding are managed solution providers (MSPs), computer shops, or any other business that isn’t strictly data recovery. This is because they are most likely outsourcing and exposing your DATA to another company, taking away from the local economy and ballooning quotes from middle man greed (one of the largest problems in America), running “software scans” (creating more damage) or following negligent videos on YouTube without understanding the original problem. Another critical mistake that consumers make is not researching the company. To become an expert in the field of data recovery, many years of hands-on experience is mandatory. Be aware that the mass increase of start-up companies in this industry (investors have been flooding the market), will most likely lack the experience required at giving you the best odds of a successful recovery.
While not all computer repair shops are doing this, many are notorious for fooling the client into believing that they perform professional data recovery services at their location, a problem within itself, while outsourcing and exposing your DATA to a third party that you are not aware of while ballooning the quote. You should always know who has access to your DATA! Look for the reputable lab in your comfort zone. All proper data recovery companies should have an annually quality tested, certified class 10 cleanroom certificate that can be verified (see our certificate for example). Proper training would include travel to Europe because the technology derives from Europe or experience in the field. The developers of the professional equipment offer in-house training courses. Most importantly, the engineer you choose should answer the questions that you have clearly and you should feel confident that you made the right choice!
Don Anderson had an interest in I.T. back when he was a teen reading PC World magazines in the early 90's, until he was finally old enough to work as a computer repair tech. Graduating from college he worked many contract positions throughout his twenties including IBM, SAP and Dell. He now has control of several companies and is a renowned expert in the field of Data Recovery and Digital Forensics with expert witness experience. Not to mention an animal lover.