Monday, September 22, 2014

BNA INSIGHTS: Is the Tide Turning for Plaintiffs in Privacy Class Actions?

The last several years have witnessed an unprecedented number of high profile data security breaches and other privacy-related mishaps, garnering tremendous media attention and spawning a seemingly endless flood of class action litigation alleging the unauthorized acquisition, use or disclosure of personal data. But for all of the headlines these events have garnered, they have consistently failed to translate into tangible victories for the plaintiffs’ bar.

In First Action Stemming from HIPAA Breach Notice Rule, Tennessee BlueCross BlueShield Agrees to Pay $1.5 Million

RALEIGH, N.C.—BlueCross BlueShield of Tennessee (BCBST) agreed to pay $1.5 million and institute a corrective action plan to resolve Department of Health and Human Services claims of insufficient protection of personal health information in the first enforcement action stemming from the Health Information Technology for Economic and Clinical Health Act’s Breach Notification Rule, HHS announced March 13.

BNA INSIGHTS: The Securities and Exchange Commission’s Guidance On Cybersecurity and Cyber Incident Disclosure

The U.S. Securities and Exchange Commission on occasion provides disclosure guidance on topics of interest to the business and investment communities. The SEC said recently that it has observed “an increased level of attention focused on cyberattacks.”…

BNA INSIGHTS: Texas Amendments Purport to Apply Breach Notification Law to Cover 50 States, And to Expand Health Care Privacy Law’s Requirements and Scope of Applicability

In a bill quietly passed by the Texas Legislature at the end of May, the state made quite a change for businesses countrywide…

BNA INSIGHTS: High-Profile Breaches Spur Congressional Activity on Privacy, Data Security Policy

With a Republican-controlled House opposite a Democratic-controlled Senate, and presidential and congressional elections looming in less than sixteen months, few proposals of significance are capable of advancing to become law…

Obama Cybersecurity Legislative Proposal Includes Mandatory Breach Notice Provision

The White House May 12 unveiled a cybersecurity legislative proposal to protect computer networks and critical infrastructure that also includes a national data breach notification mandate for certain businesses…

BNA INSIGHTS: 2010 U.S. Cost of a Data Breach

Ponemon Institute’s 2010 report on the cost of a data breach for U.S. companies found that for the second year in a row, escalating data security threats and compliance pressures to combat them drove more organizations to respond so rapidly to data breaches that they paid significantly higher costs…

BNA INSIGHTS: Compliance Program Implications of Recent HIPAA Privacy Enforcement Activities

On Feb. 22, the Department of Health and Human Services’s (HHS) Office for Civil Rights (OCR) announced the first time use of civil monetary penalties (CMP) on a covered entity for violation of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule in the amount of $4.3 million…

BNA INSIGHTS: The Top 10 Privacy and Security Developments to Watch in 2011

The message for corporate America on privacy and security is simple: you only need to worry about privacy and security laws and rules if you have customers or employees.
So, on the chance that your company meets this threshold, what are the primary issues to be watching in 2011?…

Commerce Department Report Calls for New Office to Set Online Privacy Codes of Conduct

The Department of Commerce Dec. 16 released an online privacy report calling for a new office within the department to lead the development of self-regulatory privacy “codes of conduct” for U.S. businesses…

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