Category Archives: Data Breach

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Company’s Vendor Suffers Breach, No Business Associate Agreement, $500K OCR Settlement

Matthew ShatzkesBy Matthew Shatzkes on Posted in Data Breach, Healthcare Privacy
A Florida staffing agency which provides physicians to hospitals and nursing homes, has agreed to a $500,000 settlement with the U.S. Department of Health and Human Services, Office for Civil Rights. The settlement comes after an investigation revealed that the company, Advanced Care Hospitalists, disclosed the protected health information of 9,255 people to a third-party … Continue Reading

States Taking Actions Against Health IT Companies Over Data Breaches

Matthew ShatzkesKimberly RaiBy Matthew Shatzkes and Kimberly Rai on Posted in Data Breach, Healthcare Privacy
Twelve state attorneys general have brought suit against two medical Information Technology companies. The AGs allege that the companies, Medical Informatics Engineering Inc. and its subsidiary, NoMoreClipboard LLC, had poor security practices that led to medical data breaches. Those breaches impacting close to four million patients. This case is the first coordinated multistate attorney general … Continue Reading

Ohio Gives Breach Safe Harbor for Companies with Written Data Security Program

Amber ThomsonLiisa ThomasBy Amber Thomson and Liisa Thomas on Posted in Data Breach, Data Protection, Data Security
Effective November 2, 2018, companies that suffer a breach may have certain defenses in Ohio if they have a written cybersecurity program in place. Under this new law, companies can use as an affirmative defense the existence of a cyber program in rebuttal to an argument that they failed to implement reasonable information security controls, … Continue Reading

DealerBuilt Settles with New Jersey Over Data Breach

Liisa ThomasAmber ThomsonBy Liisa Thomas and Amber Thomson on Posted in Data Breach, Data Security
The New Jersey attorney general recently announced its settlement with software company LightYear Dealer Technologies, LLC- doing business as DealerBuilt- over a 2016 data breach. The company provides its clients, car dealerships, software to organize and manage both customer and employee information. That information includes drivers’ license numbers, Social Security numbers, and financial account information. … Continue Reading

Two Cyber Laws Go Into Effect Over US Labor Day Weekend

Liisa ThomasBy Liisa Thomas on Posted in Data Breach, Data Security
On September 1, the Colorado breach notification statute update became effective, the first of two developments that occurred over the weekend. As we wrote about when the modification was passed, Colorado’s updated statute expands the definition of “personal information” to include ID numbers, medical information, and biometric information and places a proactive obligation on companies … Continue Reading

Unixiz Settles COPPA Allegations with NJ AG

Liisa ThomasBy Liisa Thomas on Posted in Children's Privacy, COPPA, Data Breach, Data Security, Online Privacy
Unixiz, operator of the i-Dressup site, reached an agreement with the New Jersey Attorney General to settle charges that the company had violated the Children’s Online Privacy Protection Act and the New Jersey’s Consumer Fraud Act. The New Jersey AG claimed that Unixiz violated these statutes by collecting information about children without first getting parental … Continue Reading

Arizona’s Notice Law Now In Effect

Liisa ThomasAmber ThomsonBy Liisa Thomas and Amber Thomson on Posted in Data Breach
As we wrote when the law passed, Arizona has expanded its data breach notification law. The law’s effective date was July 20, and now includes several new elements. Included is a requirement to notify the state attorney general if more than 1,000 individuals have been impacted, and gives an expanded ability to notify by email. … Continue Reading

Texas Hospital Order to Pay $4.3M for Failure to Implement its HIPAA Security Policies

Matthew ShatzkesBy Matthew Shatzkes on Posted in Data Breach, Data Security, Healthcare Privacy
A Texas hospital was recently ordered by an administrative law judge to pay a $4,300,000 penalty for three data breaches over the course of 2012 and 2013 that exposed the personal health information – including social security numbers, patient names and treatment records – of more than 33,000 individuals in violation of HIPAA. The specific … Continue Reading

Colorado Enacts Stringent Data Breach Notification Law

Liisa ThomasAmber ThomsonBy Liisa Thomas and Amber Thomson on Posted in Data Breach, Data Security
Colorado’s governor recently signed into law an update to the state’s breach notice law.  As we reported yesterday the new law takes effect on September 1, 2018. As amended, the definition of “personal information” now also includes student, military or passport identification numbers, medical information, health insurance identification numbers, biometric data, and a resident’s username … Continue Reading

You Might Be an Inside Trader If: Insider Trading and Data Breaches Part II

Kari RollinsSarah AbergBy Kari Rollins and Sarah Aberg on Posted in Data Breach, Privacy Litigation, SEC
As we wrote yesterday, the CIO of Equifax is currently facing civil and criminal liability following trading he made after his employer suffered a major cybersecurity breach. As we indicated in our prior blog post, the SEC has filed a complaint alleging liability because he independently figured out that his employer was the victim of a … Continue Reading

You Might Be an Inside Trader If…: Insider Trading and Breaches Part I

Kari RollinsSarah AbergBy Kari Rollins and Sarah Aberg on Posted in Data Breach, Privacy Litigation, SEC
Earlier this year, the SEC released cybersecurity guidance addressing, among other things, the risk of insider trading in the event of a data breach.  The insider trading risk includes risk that the intruder will trade on stolen information and risk that insiders will trade on the knowledge of the breach itself.  In this manner, the … Continue Reading

More Breach Law Changes: Arizona Updates Notice Law

Liisa ThomasAmber ThomsonBy Liisa Thomas and Amber Thomson on Posted in Data Breach, Data Security
Arizona’s Governor recently signed HB2154, which expands Arizona’s data breach notice law. The law will go into effect July 20, and will require companies to notify the state attorney general when more than 1,000 individuals have been impacted. It also allows email notice if the company has the individual’s email address.  This removes the need … Continue Reading

And Then There Was None: Alabama Becomes 50th State With Breach Notice Law

Amber ThomsonLiisa ThomasBy Amber Thomson and Liisa Thomas on Posted in Data Breach, Data Security, Privacy
Alabama is the final US state to enact data breach notification legislation. The new law takes effect on June 1, 2018 and applies to electronic “sensitive” data. This includes full Social Security and government-issued identification numbers, account and payment card numbers (in combination with security or access codes or PIN numbers), health information, and a … Continue Reading

And Then There Was One: South Dakota Passes Breach Notice Law, Alabama May Not Be Far Behind

Liisa ThomasAmber ThomsonBy Liisa Thomas and Amber Thomson on Posted in Data Breach, Data Security
South Dakota recently became the 49th US state to enact data breach notification legislation. The new law takes effect July 1, 2018 and mirrors other states’ breach notice laws. Information that if breached, gives rise to a duty to notify is defined to include Social Security and government-issued identification numbers, account and payment card numbers … Continue Reading

Privacy, Data Security, and Your Board: Day Five

Kari RollinsLiisa ThomasBy Kari Rollins and Liisa Thomas on Posted in Consumer Privacy, Cybersecurity, Data Breach, Data Security, Employee Privacy, Privacy
In our final installment on privacy, cyber security, and your board, we look at privacy and cyber issues in M&A. So you are thinking about acquiring a new entity? Divesting of current one? Due diligence will need to be conducted to best understand and evaluate privacy and data security issues and risks. Your board will … Continue Reading

Privacy, Data Security, and Your Board: Day Four

Kari RollinsLiisa ThomasBy Kari Rollins and Liisa Thomas on Posted in Consumer Privacy, Data Breach, Employee Privacy, Privacy
In our fourth installment of privacy, data (cyber) security, and your board, we look at crisis management and data breach issues. As part of providing appropriate duty of care and oversight, board members will want to ensure that the company has an incident response plan in place. They should review and understand the plan. They … Continue Reading
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