News & Analysis as of

Personally Identifiable Information Civil Monetary Penalty

White & Case LLP

UK ICO fines BA £20m for data breach

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In a remarkable decision, the UK ICO has issued British Airways ("BA") with a £20m fine, in connection with a data breach affecting more than 400,000 customers. This is a significant reduction from the £183m the ICO had...more

Ballard Spahr LLP

HIPAA 2019 Year in Review: OCR’s Enforcement of HIPAA Security Rule

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Although the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) may yet announce one or two year-end settlements, it appears that 2019 will be known more for the implementation of changes in...more

Faegre Drinker Biddle & Reath LLP

$1.6 Million Civil Money Penalty for HIPAA Breach Impacting 6,617 Individuals

The Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services imposed a $1.6 million civil money penalty (CMP) against the Texas Health and Human Services Commission, Department of Aging and Disability...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - November 2019

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Cyberliability insurance provider Beazley Insurance Company has analyzed its internal breach response data and determined that in its experience, there has been a thirty-seven percent (37%) increase in ransomware attacks this...more

Robinson+Cole Data Privacy + Security Insider

HHS Increases Civil Monetary Penalties under HIPAA

In accordance with the Inflation Adjustment Act, the Department of Health and Human Services (HHS) has updated its regulations to reflect required annual inflation-related increases to civil monetary penalties, including...more

Ballard Spahr LLP

OCR Hits Health System with $2.2M Fine for HIPAA Violations

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The U.S. Department of Health and Human Services Office of Civil Rights (OCR) imposed $2,154,000 in civil monetary penalties against Jackson Health System in Florida for failing to meet HIPAA privacy and security...more

Polsinelli

Important Highlights from the NIST/OCR HIPAA Security Conference Last Week

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Every year, the National Institute of Standards and Technology (NIST) and the Department of Health and Human Services, Office for Civil Rights (OCR) jointly sponsor a conference to “address the dynamic and challenging...more

Sunstein LLP

FTC Unfriends Facebook But Wants to Stay in Touch

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The Federal Trade Commission announced its settlement with Facebook on the same day that Robert Mueller testified before the House Judiciary Committee. While this may have been calculated to take Facebook off the front page,...more

Sunstein LLP

May 2019 IP Update: The California Consumer Privacy Act: More Relevant Than You Think

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The California Consumer Privacy Act (CCPA), which we discussed last year, goes into effect on January 1, 2020. Its record-keeping requirements become effective on July 1, 2019. If your small- or medium-size business is based...more

Akerman LLP - Health Law Rx

Caution: Curb Your Enthusiasm for the Reduced HIPAA Annual Limits

Until recently, the annual limit for civil monetary penalties (CMP) that could be levied against covered entities and business associates in violation of the Health Insurance Portability and Accountability Act of 1996, as...more

Polsinelli

HHS’s Enforcement Discretion Notice May Signal More Potential Violations

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The HHS Office for Civil Rights (“OCR”) issued a notice in the Federal Register regarding its Enforcement Discretion (84 Fed. Reg. 18151) on April 30, 2019. HHS announced that HHS will now apply a different cumulative annual...more

Robinson+Cole Health Law Diagnosis

HHS Exercises Discretion to Reduce Maximum Annual Civil Money Penalties for Certain HIPAA Violations

On April 26, 2019, the U.S. Department of Health and Human Services (HHS) issued a Notification of Enforcement Discretion (Notice) regarding imposition of Civil Money Penalties (CMPs) under HIPAA. ...more

Bass, Berry & Sims PLC

Latest HIPAA Compliance & Enforcement Trends

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Enforcement activity by the Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) showed no signs of slowing throughout 2018 and has already picked up speed in 2019. More recent and significant actions...more

UB Greensfelder LLP

The SEC Released A Risk Alert On Reg S-P, a/k/a How To Avoid A $1 Million Penalty

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I am hardly saying that SEC Regulation S-P is the sexiest of regulations. I mean, has any customer is history actually read one of those exciting statement stuffers that discloses in some dense font a BD’s privacy policy?...more

Jones Day

FTC Issues Record Fine for COPPA Violation

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Musical.ly app receives $5.7 million fine for collecting personal information in violation of the Children's Online Privacy Protection Act On February 27, 2019, the Federal Trade Commission ("FTC") issued a record $5.7...more

McDermott Will & Emery

2018 Digital Health Data Developments – Navigating Change in 2019

Data privacy and security legislation and enforcement saw significant activity in 2018 and early 2019. McDermott’s 2018 Digital Health Year in Review: Focus on Data report – the first in a four-part series – highlights...more

Hogan Lovells

Digital Media Company Agrees to $4.95 Million COPPA Penalty in Settlement with NYAG

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On December 4, 2018, the New York Attorney General (NYAG) announced that Oath Inc., which was known until June 2017 as AOL Inc. (AOL), has agreed to pay a $4.95 million civil penalty to settle allegations that AOL’s ad...more

Payne & Fears

It’s No Secret: California’s New Consumer Privacy Law Goes Live in 2020 (Maybe)

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Privacy activists cheered when, on June 28, 2018, Governor Brown signed into law the strictest consumer privacy law in the United States; the California Consumer Privacy Act of 2018 (“CCPA”). Effective January 1, 2020, the...more

Womble Bond Dickinson

Are Non-Covered Activities And Programs At Your Campus/Institution Leaving You Overly Vulnerable to HIPAA? A “Hybrid” Designation...

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Executive Summary: If an institution doesn’t designate which functions are and are not covered by HIPAA, the assumption is that all activities fall under the HIPAA compliance umbrella. Recent federal actions against...more

Akin Gump Strauss Hauer & Feld LLP

The Significance to Businesses of the California Legislature’s Last-Minute Revisions to the 2018 California Consumer Privacy Act

• The California Legislature passed SB 1121 to revise certain sections of the CCPA – the nation’s strictest privacy protection statute which provides Californians with a right to learn what personal information certain...more

Troutman Pepper

Are You Prepared for the California Consumer Privacy Act? Get Ready for European-Style Privacy in the U.S.

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With California enacting a sweeping new data privacy law on June 28, now is the time for companies to review and adjust to how the California Consumer Privacy Act will impact their business. The act, which has broad...more

Holland & Hart LLP

SEC Issues First Ever Enforcement Action For Failure to Disclose a Data Breach, Obtaining $35 Million Penalty

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The U.S. Securities and Exchange Commission announced on April 24, 2018 that Yahoo! (now known as Altaba, Inc.) agreed to pay a $35 million civil penalty to resolve claims that it failed to appropriately and timely disclose...more

K&L Gates LLP

K&L Gates Triage: Ride Sharing and Health Care Regulatory Considerations

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Transportation is often cited as one of the top barriers to health care for individuals in the United States. To reduce this burden and increase access to care, many health care providers are now partnering with ride-sharing...more

Sheppard Mullin Richter & Hampton LLP

New York Settles EmblemHealth Breach for $575,000

The recent $575,000 settlement with EmblemHealth signals a push from AG Schneiderman “for stronger security laws and hold[ing] businesses accountable for protecting their customers’ personal data.” Noting New York’s “weak and...more

Bracewell LLP

Who Is Watching The Watchmen?: CFTC Penalizes Registrant For Outsourced IT Security Lapses

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On February 12, 2018, the Commodity Futures Trading Commission (CFTC) settled charges against AMP Global Clearing LLC (AMP), a futures commission merchant (FCM), for the company’s failure to adequately supervise one of its IT...more

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