3 Points. U S Supreme Court. Health Care. Data Breach. What you Need to Know to be Informed.

The U.S. Supreme Court refused to grant review of CAREFIRST, INC., ET AL. V. ATTIAS, CHANTAL, ET AL which concerns:

  • whether to bring a data security lawsuit, is actual harm or the possibility of harm required?
  • the U.S. Supreme Court refusal left in place a standard  set by the U.S. Court of Appeals in the District of Columbiath that the possibility of harm is enough
  • the burning question- is it up to the courts to hold entities responsible for safe keeping data?

Fierce Healthcare | Supreme…

Legal Trend. Data Breach Liability for Employers

A UK court found that an employer, that had taken appropriate measures to prevent a data breach,  can be held vicariously liable for a data breach when an employee:

  • deliberately misused the data
  • intended to cause damage to the employer by misuing the data

Bonjour U.S. State Legislators- daat security liability issues should be in your radar.

Lexology | Employer held vicariously liable for employee’s deliberate data breach

WM Morrison’s Supermarket PLC | England and Wales High Court (Queen’s…

State Attorney Generals Raise 3 Issues in Suing Over Net Neutrality Rule

The FCC overturns net neutrality rules and Attorneys General of New York and Washington announce their lawsuit raising these 3 concerns:

  • FCC’s net neutrality repeal harms consumers
  • FCC’s net neutrality repeal harms small business
  • FCC’s net neutrality repeal harms innovation

The Attorney General of Washington State notes that he is 5-0 in his lawsuits against the Trump administration. 

The Hill | Washington AG to sue over net neutrality repeal

 

Legal Trend Begets Lege Trend. What injuries are needed for a cause of action?

Health Data breach suit, CareFirst, is heading to the US Supreme Court, and setting up the standards for what injuries are necessary for a data security  claim.

The Appellate Court found that “that CareFirst failed to properly secure their data and thereby subjected them to a substantial risk of identity theft…we have little difficulty concluding that their injury in fact is fairly traceable to CareFirst,”

Code words for legislative drafters: fairly traceable

Health IT Security | CareFirst…

Legal Trend. State Data Trespass Laws. 4 Quick Bits Informed Intel.

What is a data trespass law? While it sounds like data security, these laws create a crime against physically entering land to acquire data like pollution or animal cruetly.

Are data trespass laws constititional? Maybe not. A Federal Appeals court has found a Wyoming law likely violates the 1st Amendment.

Who is for these laws? Land owners, members of the Farm Bureau

Who is against these laws? People for the Ethical Treatment of Animals, Center for Food Safety, National Press Photographers…

Legal Trend. Can a State Medical Board Access Patient Prescription Databases? Hello TMB Sunset,

Yes, the California Supreme Court held that the California Medical Board can access private patient records in the state prescription database because the state interest in regulating potent prescription drugs and protecting patients from negligent doctors.

Access to patient records + Texas Medical Board Sunset Review = Patient Privacy vs. State Interest Amendments

Law 360 | Calif. Justices OK Medical Board’s Access To Rx Database

GOP Data Firm. Class Action Lawsuit. Voter Data. 3 Key Points.

GOP Data Firm, Deep Root Analytics, stored personal details of roughly 198 million citizens unprotected and publicly assessible. 

A cybersecurity firm says potentially all of America’s 200 million registered voters were exposed, including names, dates of birth, home addresses, phone numbers, and voter registration details.

The complaint: McAleer v. Deep Root

Business Insider Nordic | ‘The mother lode of all leaks’: A massive data breach exposed information that ‘you can use to steal an…

Silver State Internet Security Bill. 6 Key Pieces of Intel

Nevada Senate passed an internet security bill that will:

  • Requires Internet providers to disclose what types of personal information they collect from users
  • Requires Internet providers to publish information on any third-party contractors who may be stockpiling user data

Why are states passing internet security bills?

  • Facebook has settled a suit about its scanning of persoinal messages
  • The Trump Administration repealed internet privacy regulations
  • Google is in settlement proceedings over…