Legal Trend: Federal Appeals Court Affirms Dismissal of Health Care Data Breach Suit

What happened that led to a lawsuit? A health care network experienced a data breach, followed its internal protocols to handle the data breach.

What did the plaintiff’s allege that the health care network didn’t do that caused them harm? health network had violated the HITECH Act in protecting personal health information

What did the courts say? “There is no case law that suggests that an isolated privacy breach or discrete series of related breaches constitute a violation of the…

New Agency Jumps into Data Security Regulations. Consumer Financial Entities. 3 Key Points.

  • the Consumer Financial Protection Bureau levied a fine against an online payment system company for the company’s data security practices in violation of the Consumer Finance Protection Act
  • Consumer Financial Protection Bureau? Sounds Like Consumer Credit Commissioner?
  • The regulators say the encryption touted by the company did not live up to its hype

Bloomberg BNA | Consumer Finance Agency Levies First Data Security Fine

National Law Review | Dwolla Fined $100,000 by CFPB in First…

3 lessons from a data breach lawsuit. Specs Liquor v. Insurance.

Spec’s experienced a data breach that resulted in legal fees. Spec’s was insured and has sued its insurer over the coverage of costs incurred from the data breach.

3 Take aways from a Texas Company with data breach insurance coverage:

  • Spec’s wants its insurance company to pay its legal fees for a legal fight between Spec’s and the credit card processor that experienced the data breach
  • Insurance companies have become good at covering the initial expenses (notifications, initial legal fees,…

Lege Trend: Curtail Release of Any and All Student Data to 3rd parties. Bonjour, education vendors.

What happened to spark stronger student data privacy protections? A court allowed for the release of student data to a group of parents who are fighting a court battle over the quality of education for disabled students.

What data do legislators want to prevent schools from releasing?

  • student social security numbers
  • medical histories
  • mental health assessments
  • student disciplinary records

​What is the nobel purpose of the legislative action? Schools collect data that is neither…

Legal Trend: Lawsuits Over Smart TVs gathering & selling your data. the machines are alive. 2 Bits Informed Intel.

What data is being collected and sold by electronic devices? Smart televisions gather information about viewing habits and that data is sold to third parties .

Do owners of smart tvs know or have they consented to the data collection? According to a series of law suits, no, owners neitehr know of the data collection nor consent to it. 

WFAA | Vizio’s smart TVs are snitches, lawsuit alleges

 

Legal Trend: Court Says Data Breach Is a Recognizable Injury for Lawsuit. The Case, a Health Care Lawsuit. 3 Bits Informed Intel.

What class action is progressing?  The suit involving the Anthem Inc. health breach that affected 97 million.

What did the judge do that allowed the class action to move forward? Rejected Anthem’s argument that a data breach is not a recognizeable injury

What does this mean? Courts have split on whether a data breach, with no proof that the stolen data has been used to cause a harm, is enough of an injury to satisfy a lawsuit. The California Judge’s order says it is enough of an injury…

Data Security and Motor Vehicles. Who Proposes What.

What regulation proposals are floating around related to connected cars and data security?

INTERIM. 8 Elements of Data Security Laws & Regulations.

  • Data Breach Definition.
    • What data was breached?
    • The level of knowledge the data holder must have of the breach before notification is triggered. Did they know? Is it reasonable that this data was breached?
  • How to treat good faith access to data by an unauthorized employee
  • How to treat the breach of account creditial information.
    • user name, passwords, and security questions
  • Timing.
    • ​When must notification be given?
  • How to treat data processors, people who hold the data but…

New Legal Trend. Suing the Company Hired to Stop the breach. 2 Take Aways for Government Procurement for Data Security Services.

What‘s happening? Affinity Gmaing, owners of 11 casinos, is suing the company it hired to contain a data breach.

How is this relevant to Texas government? Pay close attention to the enforcement actions and lawsuits that emerge from the federal government OPM data breach in which the company hired for remediation.

Why is this important? the laws related to data security are chaning at lightening fast speed. Faster than a lobbyist can walk, and on a very complex, technical topic which…

INTERIM. Auto Manufacturers. Hackers. United Front. The Impact to Lege Trends and Regulatory Trends.

Why is GM embracing white hat hackers? To help identify and notify of security risks.

What’s the industry response? Just announed Detroit’s first public security vulnerability disclosure program bringing together GM and HackerOne

What’s the benefit to white hat hackers? As long as thehackers follow basic published protocols, the hackers can challenge security without legal repercussions.

So, its creating charitable immunity for white hat hackers? in contract form, yes. It allows…