Indiana’s AG enforced violations of HIPPA against a health care provider, who improperly dumped health records. The health care provider put the records, unshredded, in a dumpster. National Law Review
A couple weeks ago, Indiana’s AG offered legilative guidance on data security bills.
Posted inhealth care data, legislative trend
State laws address data breaches. They set up notification procedures and establish liability. A cyber law expert lays out in liability and causes of actions in various states. Looking at the calss action suits that have followed major retailer data breaches, it is the legal trend of the year. Data security and protecting consumers education, health and financial data just got a kick start.
Posted inlegislative trend
Forecasting trends related to hacking/data breaches/cyber security is a hot topic. Just look at the plethora of class action lawsuits, and the Sony hack that led to pulling the film, The Interview, and its own set of lawsuits. In an interview with the WallStreet Journal Legal Writer Dan Dipietro, a cyber security expert says he expects cyber security insurance to soon be part of the ordinary course of business.
Posted indata privacy, legal trend, legislative trend, retail data breach
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 :Data Breach Laws not just for the Feds
Data Security Taking Front Stage with New Congress
Trend: Insurance for Cyber Security
Kerfuffle: Financial Institutions v. 6 Retailer Groups- Which Bears the Financial Burden for a Data Breach?
FTC Has Authority to Pursue Data Breach Enforcement
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