Welcome to the Future!
Federal Health and Human Services has pursued a string of health care data breach claims against health care providers.
Health care data is protected under HIPAA, and data breach issues could also fall under data security laws and regulations.
For refresher on the HHS settlement with Anchorage Community Mental Health Services, see Association of Corporate Counsel.
The fighters for financial institutions: Independent Community Bankers of America
The fighters for retailers: Retail Industry Leaders Association, National Retail Federation, National Grocers Association, Merchant Advisory Group, National Association of Convenience Stores, Food Marketing Institute, & National Restaurant Association
Why did the kerfuffle start: Banks assert that they absorb the heaviest burden “f…
FTC and FCC are both regulating data breaches. FTC pursued an enforcement action against Wyndham Hotels, which then challenged the FTC’s regulatory authority.
In a case watched by many corporations, the courts said yes, the FTC has regulatory authority to take enforcment actions related to data breaches.
In late 2014, the U.S. Court of Appeals for the Third Circuit ordered the parties to mediation to save all parties time and money.
Posted indata privacy, legal trend, legislative trend
Another day, another retailer with a data breach. The National Association of Federal Credit Unions took the opportunity to call for clear data breach laws. Why? Without regulation every business that could possibly be related to a data breach is getting sued. It’s a class action gold mine. The Hill The proposed legislation would require more of businesses, including: The State collects mountains of data from motor vehicles to health care agencies. Keeping up with the technology to protect this information lags behind. The State Auditor found that state data projects are not being completed on time, on budget, and may bot receive the proper authorization. SAO 15-015
Posted indata encryption, data privacy, health care data, law enforcement, legislative trend
$5.6 Billion buys a lot of tongue depressers. Its also the expected cost of data breaches in the health care industry for 2015 according to the 2015 2nd Annual Data Breach Industry Forecast by Experian. Highlights from the forecast : In 2014 California passed a number of data security bills to protect students, consumers and patients, including: Privacy Rights for California Minors in the Digital World (California’s SB 568) Prohibits marketing or advertising alcohol, firearms and tobacco to minors Prohibits using, disclosing, or compiling a minor’s personal information (or permitting a third party to do so). Intended… Tech companies (makers of computers, phones, tablets, etc… & software companies) are getting protection under a bill By Sen. Wyden. Think of all the personal privacy bills in Texas during 2013- drones, license plate capturing, photography protections… Texas loves protecting personal privacy from big brother. The Wyden bill would prohibit law enforcement from requiring tech companies to make it easy for law enforcement to access data and devices. Closing this exce… Lawmakers wants to know what financial institutions are doing to keep financial data secure. This applies to state and federal lawmakers. National press focuses on federal lawmakers. So, here we go: Sen. Warren and Rep. Cummings want to know which banks have experienced cyber attacks. They claim 500 million records have been hacked from financial institutions in the last year, and they want solutions to fix it. We all know this will first get fixed on the state level, like…Data Security Regulation Needed Post Chick-fil-A Data Breach
Indiana AG Proposes Data Security Legislation
Posted indata privacy, legislative trend
SAO: State Computer Systems Out of Date
$5.6 Billion: The 2015 Cost of Health Care Data Breaches
Data Security Sample Bills: Protect Minors, Students, Health Care Data & More
Federal Secure Data Act- Disallow Law Enforcement Surveillance
Lawmakers: 500 Million Financial Records Hacked in 2014. Need Policy Fixes.