DataBreaches.Net

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

FTC reveals provisionally redacted complaint against LabMD

Posted on September 12, 2013 by Dissent

The Federal Trade Commission has released a provisionally redacted public version of its complaint against LabMD  (PHIprivacy.net’s coverage of LabMD linked here).

Intriguingly, the complaint cites another situation that appears to be unrelated to the “1718 file” incident:

In October 2012, the Sacramento, California Police Department found more than 35 Day Sheets and a small number of copied checks in the possession of individuals who pleaded no contest to state charges of identity theft. These Day Sheets include personal information, such as names and SSNs, of several hundred consumers in different states. Many of these consumers were not included in the P2P insurance aging file, and some of the information post-dates the P2P insurance aging file. A number of the SSNs in the Day Sheets are being, or have been, used by people with different names, which may indicate that the SSNs have been used by identity thieves.

The inclusion of this information may be used to demonstrate that the Limewire incident was not an isolated security failure and that LabMD likely had at least one other security incident.  Inspection of the Appendix to the complaint reveals that the day sheets were dated between 2007 and March, 2009 (well after the “1718 File” P2P incident).  I contacted LabMD for additional details on what appears to be a breach, but have not yet gotten a response.

Again, it’s not clear to me whether this latter incident should have been reported to HHS, as pre-HITECH, there was no obligation to notify HHS or individuals, although as HHS reminded me today, there was an obligation to mitigate any harm and to have a security incident response plan. But as of right now, we don’t even know when LabMD first learned of the data theft (if that’s what it was), so it’s hard to figure out which laws even applied on a federal level, much less a state level. If they first learned of it after September 23, 2009, then HITECH provisions should apply.

I’ll try to update this post if I can get more details.

Meanwhile, over on DataBreaches.net, I’ve posted the portion of the complaint that addresses LabMD’s alleged security failures, as it provides some guidance to businesses (and HIPAA-covered entities) about what practices may run you afoul of the FTC Act.

No related posts.

Category: Health Data

Post navigation

← Paymast’r Services notifies customers after service provider’s site hacked
Errant e-mail creates security breach at MNsure →

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

  • Chinese hackers suspected in breach of powerful DC law firm
  • Qilin Emerged as The Most Active Group, Exploiting Unpatched Fortinet Vulnerabilities
  • CISA tags Citrix Bleed 2 as exploited, gives agencies a day to patch
  • McDonald’s McHire leak involving ‘123456’ admin password exposes 64 million applicant chat records
  • Qilin claims attack on Accu Reference Medical Laboratory. It wasn’t the lab’s first data breach.
  • Louis Vuitton hit by data breach in Türkiye, over 140,000 users exposed; UK customers also affected (1)
  • Infosys McCamish Systems Enters Consent Order with Vermont DFR Over Cyber Incident
  • Obligations under Canada’s data breach notification law
  • German court offers EUR 5000 compensation for data breaches caused by Meta
  • Air Force Employee Pleads Guilty to Conspiracy to Disclose Unlawfully Classified National Defense Information

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

  • DeleteMyInfo Wins 2025 Digital Privacy Excellence Award from Internet Safety Council
  • TikTok Loses First Appeal Against £12.7M ICO Fine, Faces Second Investigation by DPC
  • German court offers EUR 5000 compensation for data breaches caused by Meta
  • How to Build on Washington’s “My Health, My Data” Act
  • Department of Justice Subpoenas Doctors and Clinics Involved in Performing Transgender Medical Procedures on Children
  • Google Settles Privacy Class Action Over Period Tracking App
  • ICE Is Searching a Massive Insurance and Medical Bill Database to Find Deportation Targets

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.