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Upstate lawyer files suit against SC for computer hacking
Posted: 10.31.2012 at 4:19 PM
Kara Durrette

Kara Durrette joined the WACH FOX News team in December 2011 as the Interactive Managing Editor.

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An Upstate law firm has filed the first class action lawsuit against Gov. Nikki Haley and the South Carolina Department of Revenue  / Courtesy: Hawkins Law Firm
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COLUMBIA (WACH / AP) - An Upstate lawyer has filed a lawsuit against Gov. Nikki Haley and the South Carolina Department of Revenue after the announcement of the international hacking incident that is believed to have compromised more than 3.6 million Social Security numbers as well as other personal information.

Former state senator and state representative John D. Hawkins is seeking class-action status in the lawsuit filed Wednesday in Richland County. He hopes to represent all taxpayers whose Social Security numbers and credit card information was compromised.

"The hacker is only one part of the story. The bigger story is how the hacker got in," said Hawkins. "We believe the governor and state officials were grossly negligent."

According to a press release from the Hawkins Law Firm, the lawsuit, which was filed in Richland County, alleges that Gov. Haley and other state officials violated state law that requires prompt disclosure of breaches like this one.

"The governor, in this case, could have done things to protect us and chose not to," said Hawkins.

The former Republican senator from Spartanburg says the hacking of millions of personal records amounts to a class-five "cyber hurricane."

"For Governor Haley to say this hacking was not preventable is like saying we can't prepare for hurricanes because we don't know they're coming. In this day and age, we know we're going to get a certain amount of hurricanes, and we know hackers are going to try to get our information. That's why we take reasonable steps to prepare for both," said Hawkins.

Hawkins says the lawsuit is filed on behalf of a 60-year-old Spartanburg resident.

"The way a class-action works - an individual is chosen to represent many," said Hawkins. In this case, 3.6 million people cannot come to court, so the Spartanburg resident will represent the affected group.

Hawkins says as new facts are released, they will expand the lawsuit in anyway that it needs.

Department of Revenue Director Jim Etter has said the breach occurred Sept. 13. Secret Service officials notified the state Oct. 10. Officials say law enforcement dictated the announcement's timing.

(The Associated Press contributed to this report.)

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