Personally Identifiable Information Data Breach

News & Analysis as of

Four States Expanded Employer Data Breach Notification Obligations in 2016

With over 680 security breaches reported so far in 2016, more employers are being forced to confront the issue of how to respond to a breach. All states except Alabama, North Dakota and New Mexico now require notification...more

Sixth Circuit Lowers Bar For Plaintiff’s Standing To Sue In Data Breach Cases

On September 12, 2016, a split panel from the U.S. Court of Appeals for the Sixth Circuit held in an unpublished opinion that customers of Nationwide Mutual Insurance (“Nationwide”) could pursue claims stemming from a 2012...more

6th Circuit “Stands” Up for Plaintiffs in Data Breach Suit

A recent decision by the U.S. Sixth Circuit Court of Appeals lowers the threshold for standing in data breach cases, giving data breach victims an easier path to sue the companies from which their data was stolen. Adam Frey...more

Tales from the Trenches: Lessons Learned from the Ashley Madison Data Breach

In July 2015, the online cheating website Ashley Madison was hacked and data pertaining to its 37 million users were published online. The story made headlines given the sensitive nature of the information exposed, the number...more

Big Data, Big Risk? Privacy and Security Tips for Fintech Companies

Many fintech companies collect and process vast amounts of data in order to provide financial services quickly and inexpensively. Much of this data is highly sensitive personal information such as date of birth, social...more

Litigation Alert: The Sixth Circuit Recognizes Article III Standing in Data Breach Case Despite Absence of Identity Theft...

Last week, the Sixth Circuit held that allegations that personal information was stolen following a data breach was sufficient to confer Article III standing to sue to the affected individuals, even in the absence of...more

Hackers Post Athletes’ Medical and Drug Testing Records Online

Hacking group Fancy Bear, reportedly a Russian group, who allegedly hacked into the Democratic National Committee emails which made headlines, has posted U.S. Olympians’ medical and drug testing records online. Although it...more

U.S. House Of Representatives Announces OPM Data Breach Findings

On Wednesday, September 7, Republicans on the U.S. House of Representatives’ Committee on Oversight and Government Reform released a report detailing the events leading up to the sweeping hack of the federal Office of...more

Sixth Circuit Rules That Theft of PII from Insurance Company Results in Article III Standing

In its recent decision in Galaria v. Nationwide Mut. Ins. Co., no. 15-3386 (6th Cir. Sept. 12, 2016). Co., No. 15-3386 (6th Cir. Sept. 12, 2016), a divided Sixth Circuit panel held that plaintiffs had standing to assert...more

Galaria v. Nationwide: Data Breach Plaintiffs Standing Strong in the Sixth

This week, in the first post-Spokeo circuit court decision to address standing in a data-breach class action, the Sixth Circuit joined the Seventh Circuit in holding that plaintiffs whose sensitive personal information has...more

Banner Health Suits Raise Significant Questions for Data Breach Class Actions

Banner Health recently announced that hackers may have gained “unauthorized access to patient information” and “payment card data” from approximately 3.7 million patients, health plan members, food and beverage customers, and...more

Information From 700+ Patients Stolen from LAC+USC Medical Center

Los Angeles County-USC Medical Center (LAC+USC) has notified patients that the protected health information of over 700 patients seen in the LAC+USC neurosurgery clinic was stolen from an employee’s car. The information,...more

MedStar Health Cardiology Associates Employee Emails Patient Information to Personal Account and Gets Fired

MedStar Health Cardiology Associates, (“MedStar Cardiology”) affiliated with MedStar Health, which was recently in the news for a ransomware attack, discovered that an employee sent protected health information of 907...more

NAIC's New Cybersecurity Model Law Draft Is Still Flawed

Insurers are a prime target for hackers as a result of the vast stores of valuable data they maintain. Not all information is created equal, and it varies in value. Hacker services and software, illegal drugs, cyberweapons...more

Blog: BDO Analysis Of Tech Industry Risk Factors Shows Increased Impact Of Cybersecurity And M&A Concerns

An analysis by audit firm BDO of the incidence of disclosure of various risk factors among tech companies over five years reflects increased emphasis on security breaches, the impact of M&A (including goodwill impairment) and...more

SCAN Health Plan Notifies Patients of Data Breach Affecting 87,000 Individuals

SCAN Health Plan of California, SCAN Health Plan Arizona, and VillageHealth are in the process of notifying certain plan members and non-plan members of a breach of protected health information, including names, addresses,...more

Orleans Medical Clinic Notifies 6,890 Patients of Data Breach

Orleans Medical Clinic (Orleans) in Indiana has notified the Office for Civil Rights that the protected health information of 6,890 patients was compromised as a result of an upgrade to its server. Orleans is in the process...more

Outer Banks Hospital Reports Breach of PHI In Loss of Two Thumb Drives

Everybody knows how much I hate USB and thumb drives. The latest scheme is for hackers to leave thumb drives in coffee shops, airports, office buildings, libraries and other public places. These USB and thumb drives contain...more

Summer Round-Up: Four States Bolster Data Breach Notification Laws and More Changes on the Way

As has become typical in the data security space, there was quite a bit of activity in state legislatures over the previous year concerning data breach notification statutes. Lawmakers are keenly aware of the high profile...more

Advertising Law - August 2016 #3

ANA, 4As Battle Over Transparency Guidance - Two industry groups are engaging in a public battle over transparency. The dispute began when a joint task force was formed between the American Association of...more

Eighth Circuit Privacy Class Action Fails to Clear Second Hurdle

In Carlsen v. GameStop Inc., plaintiff ­– a paid subscriber to defendant’s online gaming magazine – brought a putative class action lawsuit against defendant for alleged breach of its privacy policy by disclosing plaintiff’s...more

Dropbox.com: Change Passwords Immediately

You and your business may use the cloud vendor Dropbox (www.dropbox.com) to store or transfer files, work-related documents, or personal information (or may have used it to transfer such data in the past). ...more

The Ashley Madison Breach: Canada-Australia Report of Investigation and Takeaways for all Organizations

On August 23, 2016, the Office of the Privacy Commissioner of Canada (OPC) released its joint report with the Office of the Australian Information Commissioner (OAIC) regarding its investigation of the 2015 Ashley Madison...more

Cybersecurity News and Notes – August 2016 #3

In Case You Missed It: Sometimes data breaches crop-up in the most unlikely of places. Last week we learned that the vendor that handles fish and hunting licenses for the states of Idaho, Oregon, and Washington was hacked. ...more

Latest Data Breach Settlement Illustrates Need for Companies to Prioritize Cybersecurity

On Aug. 5, 2016, the New York attorney general, Eric Schneiderman, announced a $100,000 settlement with an e-retailer following an investigation of a data breach that resulted in the potential exposure of more than 25,000...more

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