Breach Notification Rule

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Federal Court Decision Demonstrates Ongoing Challenges Faced by Plaintiffs in Data Breach Litigation

On February 11, 2015, the U.S. District Court for the Southern District of Texas dismissed a class action complaint against the St. Joseph Health System arising out of a data security breach that occurred after hackers...more

More Than Employers Bargained For? Do Union Employees Have a Right to Bargain Over Company Data Breaches?

These days most employers manage a vast amount of electronic information about their employees, including the employees’ personal identifying information. But, what obligations do employers have to unionized employees with...more

Eye on Privacy Newsletter - February 2015

In this issue: - Privacy and Data Security in Transactions: What's the Deal? - Consumer and Financial Institution Class Actions Survive Motions to Dismiss in Target Data Breach Litigation - California Amends...more

Advertising Law - February 2015 #3

FCC Chair Announces New Net Neutrality Regs - The battle over net neutrality took a new turn when Federal Communications Commission Chairman Tom Wheeler announced his intention to reclassify broadband service as a...more

Employers with Group Health Plans: Have You Notified State Regulators of the Breach?

Data security breaches affecting large segments of the U.S. population continue to dominate the news. Over the past few years, there has been considerable confusion among employers with group health plans regarding the...more

Preparing for a Data Breach – What to Know about Breach Notification

Data breaches are at the forefront of the news, and many companies, including those dominant in the health care industry, have found themselves front and center in the headlines. Although recent news stories have focused...more

Financial Industry Backs Cybersecurity, Data Breach Notification Legislation

Why it matters - The financial industry has thrown its support behind data breach notification legislation as well as passage of a law that would encourage businesses to share cyberthreat information. Data security...more

The White House Calls for Action Where Congress Has Failed to Deliver - An In-Depth Analysis of President Obama’s January 2015...

In This Issue: - The President’s Plan for Securing Cyberspace - The President’s Plan for Safeguarding American Consumers and Families - Conclusion - Excerpt from The President’s Plan for Securing...more

Employers: What the Anthem Breach Means to You

On Feb. 4, 2015, Anthem announced a data breach involving the personal information of more than 80 million individuals resulting from what it characterized as a sophisticated, targeted cyber-attack. Group health plans may be...more

FAQs by Employers Regarding the Anthem Breach

Do we have any legal obligations under HIPAA? It depends on your contractual relationship with Anthem and whether the group health plan offered by your company is self-insured. If your company’s group health plan is...more

Responding to the Anthem Cyber Attack

Anthem Inc. (Anthem), the nation's second-largest health insurer, revealed late on Wednesday, February 4 that it was the victim of a significant cyber attack. According to Anthem, the attack exposed personal information of...more

The Anthem Breach: What Affected Group Plans Should Be Thinking About

The massive data breach announced this week by health insurer Anthem, with up to 80 million consumer records exposed (including Social Security numbers, birthdays, e-mail addresses and employment-related data), brings a...more

OCR Updates Breach Report Web Portal — Changes Could Impact Annual Breach Reports

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently launched an updated version of the portal covered entities must use to notify OCR regarding a breach of unsecured protected health...more

Law360 Talks to Christopher Avery About New York’s Data Security Proposal

Last week we summarized the four must-know things regarding the New York Attorney General’s new data security proposal. Commentary still surrounds the proposal and has wide appeal. Christopher Avery offered the following...more

Energy & Commerce Subcommittee Holds Hearing on Data Security and Breach Notification; FTC Releases “Internet of Things” Report

Tuesday, the House Energy & Commerce Subcommittee on Commerce, Manufacturing, and Trade held its first hearing of the 114th Congress, entitled “What Are the Elements of Sound Data Breach Legislation?”...more

NY Attorney General To Propose Bill To Strengthen Cybersecurity

New York Attorney General Eric Schneiderman is proposing an "overhaul [of] New York's data security law [that would] require new and unprecedented safeguards for the personal data of consumers." The proposal would create new...more

Deadline Approaching to Report Certain HIPAA Breaches to Federal Officials

The HIPAA Breach Notification Rule requires covered entities to notify the Secretary of the Department of Health and Human Services (HHS) if a breach of unsecured protected health information (PHI) is discovered. As most...more

Data Breach Notification Law Even Applies to You, California Employer

Months before the well-publicized Sony catastrophe, California passed Assembly Bill 1710, which was signed into law on September 30, 2014, and became effective on January 1, 2015. The most discussed part of this new law...more

Proposed Data Breach Legislation Announced

President Obama’s new proposed Personal Data Notification and Protection Act provides a national standard for companies responding to security breaches....more

President Calls on Congress to Pass Cybersecurity, Data Breach Bills; Congress Begins Action on the Issue

In his sixth State of the Union Address to Congress, President Obama again called on Congress to strengthen the nation’s cybersecurity laws and enact a federal standard for data security and breach notification. Speaking...more

White House Proposes Expansive Data Breach Notification Bill

Last week, President Obama proposed wide-reaching legislation to establish a uniform, nationwide standard for data breach notifications that envisions a significant enforcement role for the Consumer Financial Protection...more

Cybersecurity: The Obama Administration Proposes Legislation - Proposals Would Standardize Breach Notification Requirements,...

On January 13, 2015, in response to the continuing onslaught of cyber attacks, including the recent cybersecurity attack and data loss at Sony Pictures Entertainment, the Obama Administration sent to Congress three...more

Dear Lawmakers, Your New Breach Notice Laws Should Address These Issues

The days of companies being so afraid of the reputational impact of a breach that they would look for any way possible to avoid disclosure are gone. The pendulum has swung in the opposite direction. Now companies, often in...more

New York Attorney General Proposes Stiffer Data Security and Breach Notification Laws

New York State Attorney General Eric Schneiderman has proposed legislation that would make the state’s data security law the strongest in the country and require “unprecedented safeguards” for personal data....more

Obama Administration Announces Cybersecurity and Privacy Initiatives

On Monday, January 12, 2015, President Obama appeared at the Federal Trade Commission to announce the administration’s blitz of cyber security and privacy legislative and public policy initiatives, which will be discussed in...more

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