4 Data Security Policy Trends

  • Health Information protected by HIPPA will put companies at risk.
    • Department of Health and Human Services Office for Civil Rights enforcement actions have led to multiple million dollar settlements against hospitals, clinics, and health systems
  • FTC will take enforcement action. That action will lead to lawsuits challenging the FTC powers of enforcement. 
    • Opportunity for state enforcement abounds.
  • More lawsuits against compa…

Data Breach Liability for Retailer? Is there a Financial Cap for a Grocer?

Retail data breaches lead to class action lawsuits. They’re new. They’re trendy.

How financial liability for a breach is assessed is a developing legal trend. Legal trends turn into legislative trends as states grapple with assigning liability.

Today the retailers & the banks are at odds over this in policy court. To add fuel to the this policy fire, a federal court sided with a retailer against financial institutions by limiting a grocer’s liability to:

  • $5…

States are Passing Data Security Bills. See Where State Laws Stand. Business Interests Beware.

Baker Hostetler offers an absolutely fantastic chart of what every state is doing on data security.

Data privacy experts say state laws go further to protect your information if its the subject of a leak, breach or hack. Tort reform types point to data breaches being a new bevy of class action lawsuits.  Baker Hostetler

Data Security Ripe for Tort Reform. Will it help? No Says Washington Post Legal Commentator

Mandatory data breach notices have triggered lawsuits. Lawsuits have led to class action lawsuits. Think Target and Home Depot, the big retail data breaches. Class Action lawsuits lead to settlements.  

Whether one agrees or not what the impact of tort reform will be, data security is ripe for tort reform. 

 Volokoh Conspiracy | Washi…