Montana empowered its attorney general office by requiring that it receive notice of any qualifying data breach. The Montana Attorney General opertes a consumer protection division that will seek to help affected Montanans.
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HIPPA and Higher Education Student Data Privacy Collide in Lawsuit
A student at the Univeristy of Oregon, Go Ducks!, alleges she was raped by 3 basketball players. The University found the sudents at fault and kicked them out of school and off the basketball team.
After the alleged rape, the student sought treatment at the student health center. Her treatment included mental health care.
She eventually sued the school as the alleged offenders were never tried for a crime. During the lawsuit her mental health records, when she sought care …
4 Student Data Principles. Supported by 32 Education Groups.
The Data Quality Campaign joined the Consortium for School Networking to set forth principles to guide student data regulation. The goal is to protect student data while doing no harm to schools. 4 points they all agree on:
- Student data should be used to further and support student learning and success.
- Students, families, and educators should have timely access to information collected about the student.
- Students’ personal info…
Hospital System Sued for $5,000,000 over data breach
A data breach of medical records at an Ohio hospital system has led to a $5,000,000 class action lawsuit. It took 4 months for the hospital system to notify patients of the data breach.
The legal complaint is based on the medical records data breach creating a “threat of immediate harm has injured her privacy as a result of negligence.”
Bill Filing: Protecting Student Data 8 Ways
Van Deaver has filed HB 2156 which the author says protects student data in 8 ways.
• Not sell student information;
• Not behaviorally target advertising;
• Use data for authorized education purposes only;
• Not change privacy policies without notice and choice;
• Enforce strict limits on data retention;
• Support parental access to, and correction of error…
Lege Trend: Re-defining Private Data in the Land of Lincoln
The Illinois Attorney General is working to expand the definition of what is private information that triggers data breach notifications.
She wants to include the following information:
- email addresses
- log-ins
- passwords
- Health insurance information
- biometric information
- geolocation information
Her proposal doesn’t specify when the consumer and the Attorney General office must be notified. Instead, busine…
40 Class Action Law Suits From Anthem Inc. Data Breach
Hailed as a victory for plaintiff’s lawyers, class actions are proceeding for data breaches at Target and Sony. Since the February breach at Anthem, more than 40 class action lawsuits have been filed.
Legal experts say data breach cases move forward when the plaintiff can allege:
- “Statutory damages, such as a particular state’s data-breach law, or
- if there are known sales of stolen identities on the black market”
Posted indata privacy, health care data, legal trend, retail data breachLege Trend: Higher Health Care Data Privacy Standards
Connecticut’s SB1024 applies higher data privacy standards on health care providers, by establishing regulations through the department of insurance.
Which health care entities are affected?
- health insurers
- HMOs
- “other entities licensed to do health insurance business in Connecticut,”
- pharmacy benefits manager…
Lege Trend: Access to the GPS Data on your Phone
California’s SB 576 will require app makers to explain:
- what location information they’re gathering from your phone
- why they’re collecting it and
- whether they’re sharing it with anyone else.
- Will require users’ permission to continue to gather GPS information from your phone
Posted indata privacy, legislative trend
Preeminent Data Security Attorney Supports State Regulation over Federal Regulation. 3 Ways Business Needs Flexibility in Data Security Legislation.
Theodore Kobus III, co-leader of the Privacy and Data Security Practice at Baker Hostetler, favors state regulation over one size fits all federal regulation of data security notification.
He suggests the right template for data security is HIPAA’s approach. HIPPA has been functioning for more than 10 years and has no uniform standard for security.
Businesses need flexibility to respond to data breaches. The flexibility is necessary based on 3 factors:
- size of…