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 …

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:

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…

Breach Leads to Class Action. Rinse. Repeat.

Last week Anthem experienced a data security breach that resulted in the exposure of personal information for up to 80 million people.   This week, a class action lawsuit has been filed in Atlanta.  

Here’s what plaintiffs allege:

  • World’s biggest known data breach
  • The FBI has identified health care as particularly weak in data security. 

Courthouse N…