DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Vermont Attorney General Settles Security Breach Allegations Against Health Net

Posted on January 20, 2011 by Dissent

Attorney General William Sorrell filed a complaint and proposed settlement Friday with Health Net, Inc., and Health Net of the Northeast, Inc., regarding the health insurance company’s loss of an unencrypted portable hard drive containing protected health information. The complaint alleges violations of HIPAA (the Health Insurance Portability and Accountability Act), Vermont’s Security Breach Notice Act, and Consumer Fraud Act. The settlement requires the defendants to pay $55,000 to the State, submit to a data-security audit, and file reports with the State regarding the company’s information security programs for the next two years.

“Consumers expect – and the law requires – that personal information be treated with the utmost care,” said Attorney General William Sorrell. “Identity theft remains one of the fastest growing crimes in America. Companies must be careful to prevent Vermonters’ sensitive information, especially their medical records, from falling into the wrong hands.”

The lawsuit is Vermont’s first enforcement action under the Security Breach Notice Act and the second HIPAA enforcement action of its kind since state attorneys general were given HIPAA enforcement authority in 2009. The case arises from a portable hard drive that contained protected health information, social security numbers, and financial information of approximately 1.5 million people, including 525 Vermonters. Health Net discovered that the drive was missing on May 14, 2009 and did not start notifying affected Vermont residents until more than six month later. When it did notify Vermont residents, Health Net told them that it believed their risk of harm was “low” because “the files on the missing drive were not saved in a format that can be easily accessible.” The files on the unencrypted drive were in TIF (Tagged Image File) format, which can be viewed using a variety of freely available software.

The complaint alleges that Health Net’s six month delay in notifying Vermont residents violates the Security Breach Notice Act. That law requires data collectors to notify affected individuals of security breaches “in the most expedient time possible and without unreasonable delay.” The complaint further alleges that Health Net violated HIPAA by failing to secure protected health information, and that the company violated the Consumer Fraud Act by misrepresenting the risk posed to affected individuals in the company’s notice letters.

The complaint and proposed consent decree were filed in the U.S. District Court for the District of Vermont. The consent decree must be approved by a judge before it takes effect. Health Net, Inc., and Health Net of the Northeast, Inc., cooperated with the Vermont Attorney General’s investigation of this matter and have settled similar actions in Connecticut and New York.

Source: Attorney General William Sorrell


Related:

  • Vermont Attorney General Settles Security Breach Allegations Against Health Net
  • HIPAA Compliance and Breach Communications: Helpful Tips for SMBs
  • Small-Scale Violations of Medical Privacy Often Cause the Most Harm
  • Northeast Radiology notifies patients of PACS data security incident
  • FTC Enforcement Action to Bar GoodRx from Sharing Consumers’ Sensitive Health Info for Advertising
Category: Health Data

Post navigation

← (follow-up) Junior doctor's stolen laptop: files had been emailed
Nurse Fired for Snooping in Tiger Woods' Records Files Defamation Suit →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • 45,000 malicious IP addresses taken down in international cyber operation
  • The Broken Records: tracing the human cost of the 2022 British MoD leak
  • Telus Digital confirms breach after ShinyHunters claims 1 petabyte data theft
  • China’s CERT warns OpenClaw can inflict nasty wounds
  • Bell Ambulance data breach impacted over 238,000 people
  • Lotte Card fined 9.6 billion won for leaking users’ social registration numbers
  • Handala claims responsibility for attack on medical device maker Stryker
  • Police Scotland fined £66k for extracting and sharing mobile phone data
  • The rise of teen hackers ‘makes for a good headline’, but cyber crime activities peak later in life
  • Viral ‘Quittr’ Porn Addiction App Exposed the Masturbation Habits of Hundreds of Thousands of Users

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • New data shows increase in FBI searches of Americans’ data last year
  • CalPrivacy Fines PlayOn Sports $1.1 Million for CCPA Violations Involving Student Privacy
  • 17 States Sues Trump Administration Over Unlawful Data Demands Targeting Colleges
  • Privacy watchdogs sound alarm over US bid to get travellers’ social media
  • Petition filed over misuse of protesters’ data by Kenyan government and telcos

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: Dissent.73

Contact Me

Email: info[at]databreaches.net
Security Issue: security[at]databreaches.net
Mastodon: Infosec.Exchange/@PogoWasRight
Signal: Dissent.73
DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.