News & Analysis as of

Invasion of Privacy Medical Records

Blake, Cassels & Graydon LLP

Refus d’autorisation d’une action collective pour atteinte à la vie privée en l’absence de faits criants demandant réparation

Le 24 mars 2022, la Cour divisionnaire de l’Ontario (la « Cour divisionnaire ») a rendu sa décision dans l’affaire Stewart v. Demme, 2022 ONSC 1790 (l’« affaire Stewart ») en refusant d’autoriser la demande d'action...more

Blake, Cassels & Graydon LLP

Ontario Divisional Court Overturns Certification of a Privacy Class Action that Did Not “Cry Out for a Remedy”

On March 24, 2022, in Stewart v. Demme, 2022 ONSC 1790 (Stewart), the Ontario Divisional Court (Court) overturned the certification of an intrusion upon seclusion claim in a proposed class proceeding. It is a further example...more

Robinson+Cole Data Privacy + Security Insider

No Private Right of Action under HIPAA, but State Law Claims May Still be Asserted

A federal district court in Montana has confirmed that HIPAA precludes a private right of action for patients to claim an unauthorized access, use, or disclosure of protected health information.  ...more

Davis Wright Tremaine LLP

Update From LitLand: Dinerstein Decision Shows That Overcoming Standing in Privacy Cases Does Not Necessarily Create a Path to...

LitLand is a monthly feature that reviews developments in litigation as they relate to privacy matters and highlight any past, current, and future cases about which you should know....more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 2. Privacy Briefs: February 2020

Report on Patient Privacy 20, no. 2 (February 2020) - A ruling from Georgia’s highest state court could set a precedent that determines recourse for victims of cyberattacks. The Georgia Supreme Court ruled in late December...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Client Alert | January 2019

Going Deep on the California Consumer Privacy Act - The California Consumer Privacy Act (CCPA) has been called the beginning of America’s GDPR. As the most comprehensive privacy law in the United States, entities doing...more

Payne & Fears

Key California Employment Law Cases: February 2018

Payne & Fears on

Rojas v. HSBC Card Services Inc., 228 Cal. Rptr. 3d 640 (2018)- Summary: Installing recording device and recording calls on company phones renders actions intentional under California Invasion of Privacy Act. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - February 2018

In this month's edition of our Privacy & Cybersecurity Update, we examine the Identity Theft Research Center's findings on data breaches in 2017, the U.S. Supreme Court's denial of certiorari that leaves in place the circuit...more

Robinson+Cole Data Privacy + Security Insider

Court Declines to Dismiss Jason Pierre-Paul’s Suit Against ESPN and Adam Schefter

The lawsuit filed by New York Giants defensive end Jason Pierre-Paul against ESPN and ESPN reporter Adam Schefter for invasion of privacy has survived its first challenge from ESPN. ESPN filed a motion to dismiss...more

Robinson+Cole Data Privacy + Security Insider

Jason Pierre-Paul sues ESPN and Adam Schefter for tweeting photo of medical records

New York Giants defensive end Jason Pierre-Paul has filed suit against ESPN and ESPN reporter Adam Schefter for violations of Florida Statute § 456.057 and for invasion of privacy arising from a tweet containing a photo of...more

Zelle  LLP

Employee Health Information: Separate and Secure

Zelle LLP on

There are several reasons an employer might have employee health information, ranging from the results of a pre-employment physical to the contents of a request for FMLA leave to what’s written in a health provider’s note...more

Williams Mullen

State Law Claim for Invasion of Privacy Escapes ERISA Preemption: Rose v. HealthComp, Inc.

Williams Mullen on

A federal court recently held that the plaintiff’s claims under state law survived ERISA preemption, and remanded the case to state court to determine the plaintiff’s claims for invasion of privacy and unfair business...more

Robinson+Cole Data Privacy + Security Insider

Second class action suit filed against Medical Informatics

We previously reported that Medical Informatics Engineering, Inc. was sued over a data breach that occurred in May and affected over 4 million individuals. Thereafter, Indiana AG Gregory Zoeller advised all Hoosiers to freeze...more

Mintz - Privacy & Cybersecurity Viewpoints

Health Data Breach Victims Have Standing to Sue Says WV Supreme Court

The most common defense against class actions for data breach has itself been breached in a ruling last week by the West Virginia Supreme Court....more

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