DataBreaches.Net

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

NJ: Court dismisses breach lawsuit against Horizon Blue Cross Blue Shield

Posted on April 6, 2015 by Dissent

In December, 2013, Horizon Blue Cross Blue Shield of New Jersey notified almost 840,000 members that their protected health information was on laptops stolen from the insurer’s Newark headquarters on November 1, 2013.

At the time, Horizon BCBS reported that the laptops were password-protected, but the data were unencrypted, and

After a detailed review with outside computer forensic experts, we have confirmed that the laptops may have contained files with differing amounts of member information, including name and demographic information (e.g., address, date of birth, Horizon BCBSNJ identification number), and in some instances, a Social Security number and/or limited clinical information. Due to the way the stolen laptops were configured, we are not certain that all of the member information contained on the laptops is accessible.

That breach was the impetus for a new law in New Jersey that requires encryption of PHI. The law went into effect January 9th.

But the breach was also the impetus for some lawsuits by aggrieved members who alleged that the breach placed them at “imminent” and “immediate” risk of harm from identity theft, medical fraud, and other woes. They sought compensation under FCRA and state laws.

On March 31, however, the court dismissed their lawsuits over the breach, holding that the plaintiffs had failed to establish standing via the “economic injury” prong. As other courts have held, this court, too, also held that simple violation of a statutory rights is not sufficient to demonstrate injury-in-fact to establish standing. Finally, citing the Third Circuit’s decision in Reilly, the court held that “allegations of hypothetical, future injury are insufficient to establish standing” because plaintiffs had “not suffered any injury” and would not sustain an injury and until these conjectures come true”.

There’s more, and you can read it all here (pdf), but you get the drift by now. Another one bites the dust over standing.

 


Related:

  • Two U.K. teenagers appear in court over Transport of London cyber attack
  • ModMed revealed they were victims of a cyberattack in July. Then some data showed up for sale.
  • Protected health information of 462,000 members of Blue Cross Blue Shield of Montana involved in Conduent data breach
  • TX: Kaufman County Faces Cybersecurity Attack: Courthouse Computer Operations Disrupted
  • Attorney General James Announces Settlement with Wojeski & Company Accounting Firm
  • JFL Lost Up to $800,000 Weekly After Cyberattack, CEO Says No Patient or Staff Data Was Compromised
Category: Health DataU.S.

Post navigation

← OH: Former ProMedica hospital employee indicted on criminal HIPAA and CFAA charges
OK: EyeCare of Bartlesville notifies patients after hard drive locked by malware →

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

  • Two suspected Scattered Spider hackers plead not guilty over Transport for London cyberattack
  • Attleboro investigating ‘cybersecurity incident’ impacting city’s IT systems
  • Fired techie admits sabotaging ex-employer, causing $862K in damage
  • Threat actors have reportedly launched yet another campaign involving an application connected to Salesforce
  • Russian hackers target IVF clinics across UK used by thousands of couples
  • US, allies sanction Russian bulletproof hosting services for ransomware support
  • Researchers claim ‘largest leak ever’ after uncovering WhatsApp enumeration flaw
  • Large medical lab in South Africa suffers multiple data breaches
  • Report released on PowerSchool cyber attack
  • Sue The Hackers – Google Sues Over Phishing as a Service

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

  • Cole v. Quest Diagnostics: The Third Circuit Weighs in on Pixels, Privacy, and Medical Data
  • Closing the Privacy Gap: HIPRA Targets Health Apps and Wearables
  • Researchers claim ‘largest leak ever’ after uncovering WhatsApp enumeration flaw
  • CIPL Publishes Discussion Paper Comparing U.S. State Privacy Law Definitions of Personal Data and Sensitive Data
  • India’s Digital Personal Data Protection Act 2023 brought into force

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net
Security Issue: security[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.