News & Analysis as of

Penalties Data Breach

Is There Automatic Civil Liability For A Data Breach?

by Fisher Phillips on

No! It is a common misconception among the general public that someone always has to pay when there is a data breach. It is understandable that individuals affected by a data breach will be upset, distraught, and even angry....more

New York Introduces New Data Protection Legislation

by Fisher Phillips on

Citing a sixty percent increase in data breach notifications from 2015 to 2016, New York Attorney General Eric Schneiderman recently introduced the Stop Hacks and Improve Data Electronic Security Act (SHIELD) bill. The...more

How to guarantee bad performance from your vendors

by Thompson Coburn LLP on

A well-crafted master services agreement for outsourced services can create a powerful alliance between you as the customer and the service provider or vendor. On the other hand, there are some pitfalls will likely or...more

2017 HIPAA Enforcement – Appears Not To Be Slowing Down

by Snell & Wilmer on

To state the obvious, there has been some uncertainty regarding how the Trump Administration will affect federal agency enforcement efforts. However, at least, in regard to HIPAA Privacy and Security, the U.S. Department of...more

What Does the Introduction of Mandatory Data Breach Notification in Australia Mean for You?

by Jones Day on

Australia's Data Breach Bill amends the Privacy Act 1988 (Cth) ("Privacy Act") and requires private and public organisations regulated by the Privacy Act to notify affected individuals and the Australian Information...more

Your Cyber Minute: Current GDPR regulatory and enforcement landscape

by Hogan Lovells on

The conversation continues with Partner Harriet Pearson and Head of our Privacy and Cybersecurity practice in Europe Eduardo Ustaran as they go deeper into what clients need to know when it comes to compliance around the...more

Lack of Timely Action and Knowledge of Risk Results in $3.2 Million Civil Monetary Penalty for HIPAA Violations

Children’s Medical Center of Dallas (Children’s) was hit with a $3.2 million civil penalty from the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) for failing to take steps to properly protect...more

Apocalypse Soon? Permanent Disqualification From Department of Defense Contracts May Result From Voluntary Disclosures of Export...

by McCarter & English, LLP on

Etymology, particularly the Greek or Latin roots of words, aids our understanding in much the same way as root cause analysis does. The Greek word for disclosure is ap???????, transliterated to apokálypsi, or “apocalypse.”...more

Insurance Regulators Fine Tuning Cybersecurity Guidance

You may not realize how much personal information your insurance company has about you. Scarier still is that much of this data is sensitive and valuable to hackers – such as your Social Security number, financial...more

New York Attorney General Announces Settlement With Trump Hotel Over Two Data Security Incidents

by King & Spalding on

On September 23, 2016, New York Attorney General Eric T. Schneiderman announced a settlement with Trump International Hotels Management LLC, d/b/a Trump Hotel Collection (“THC”), imposing $50,000 in penalties and ongoing...more

New York A.G. Announces $100k Settlement Over Data Breach

by King & Spalding on

On August 5, New York Attorney General Eric T. Schneiderman announced a settlement with Provision Supply, LLC d/b/a EZcontactsUSA.com, imposing $100,000 in penalties and ongoing obligations to maintain certain security...more

OCR Announces First HIPAA Enforcement Action against a Business Associate

by Ballard Spahr LLP on

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced an agreement with Catholic Health Services of the Archdiocese of Philadelphia (CHCS), settling allegations that CHCS violated the Health...more

European Parliament Passes Landmark Data Protection Regulation

by Moore & Van Allen PLLC on

On April 14, 2016, the European Parliament passed the General Data Protection Regulation (GDPR) and its companion, Data Protection Directive for Police and Criminal Justice Authorities. The GDPR is a comprehensive regulation...more

Business Associate Settles HIPAA Investigation for $650,000

by Lathrop Gage on

The U.S. Office for Civil Rights (OCR), the agency responsible for enforcing the HIPAA Privacy and Security rules, has just sent a strong message that business associates are not immune from scrutiny. On June 24, 2016, in a...more

You’ve Been Notified: Alabama May Join Other States in Enacting Data Breach Notice Law

by Butler Snow LLP on

Forty-seven states and the District of Columbia have laws requiring notice of a data breach to potentially affected individuals. Alabama may soon join the crowd. Bills creating the Alabama Information Protection Act of...more

Europe’s New Global Data Protection Law

by Perkins Coie on

After nearly four years of amendments and negotiations, the European Parliament, Council of the European Union and European Commission reached a political agreement on the proposed General Data Protection Regulation (GDPR) on...more

Corporate Investigations & White Collar Defense - October 2015

"Wherefore Art Thou Due Process?" Part III - Why it matters: It is time for another installment in our continuing "Wherefore Art Thou Due Process?" coverage into the ongoing constitutional challenges to the SEC's...more

South Korea introduces further data protection breach penalties to encourage compliance, and issues mobile app guidance

by Reed Smith on

Ever since January 2014, when South Korea’s credit card industry lost huge amounts of customer data during a data breach, the South Korean government has been gradually announcing stricter penalties for those who run afoul of...more

The Trend of Stricter State Data Breach Laws Continues with Florida

by Baker Ober Health Law on

Florida’s new Florida Information Protection Act, Fl. Stat. § 501.171, became effective July 1, 2014. The new law repeals and replaces Florida’s existing data breach notification requirements (Fl. Stat. § 817.5681) with more...more

Data Protection Regulation Proposal Approved by the European Parliament

by Davis Wright Tremaine LLP on

The European Parliament has finalized its version of the proposed Data Protection Regulation, which would substantially change personal data protection rules in the 31-country European Economic Area. The Parliament’s LIBE...more

The Conflicting Rules on Employee Data Theft

by Nick Akerman on

In all jurisdictions the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, the federal computer crime statute, applies to former employees who steal data from the company computer, but in two federal circuits it does not...more

The Costs of Data Breach

by Scott & Scott, LLP on

Scott & Scott, LLP attorney, Brian Von Hatten, suggests organizations should take necessary and required measures to safeguard consumer's personally identifiable information (PII) because of the significant risks and...more

Final HIPAA Regulations Impact Group Health Plans

by Dechert LLP on

The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) sets forth rules to protect the privacy and security of individuals’ health information that is held by “covered entities,” such as group health plans....more

The New Normal: Taking Responsibility for Your Vendors

by Pepper Hamilton LLP on

As financial institutions continue to strive for reduced costs and greater efficiencies, they are increasingly turning to third-party vendors to handle a wide variety of tasks, from marketing and sales to payment processing....more

Highlights of the Omnibus HIPAA/HITECH Final Rule

by Cozen O'Connor on

On January 25, 2013, the Office of Civil Rights (OCR) of the Department of Health & Human Services (HHS) published the long-awaited omnibus final regulation governing health data privacy, security and enforcement (Omnibus...more

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Cybersecurity

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