C. Ryan Barber reports that one week after the initial decision by Administrative Law Judge D. Michael Chappell in FTC v. LabMD, Michael Daugherty and LabMD filed a civil suit against three FTC attorneys involved in the case. The suit, which names Carl Settlemyer, Alain Sheer and Ruth Yodaiken as defendants, was filed Friday in U.S. District Court for…
Category: Health Data
Quest Diagnostics sued over fax errors breach, but are they really responsible?
A few days ago, I noted a report from NBC about hundreds of misdirected faxes that were intended for Quest Diagnostics. The report mentioned that a lawsuit had been filed over the breach. Here’s the press release on the lawsuit, below, but I’m not sure on why it’s Quest being sued. Are they responsible or liable…
LabMD ruling should be a wake-up call for FTC data security enforcement
For another informed perspective on the impact of the initial decision in FTC v. LabMD, I’d strongly encourage this site’s readers to read Gus Hurwitz’s thought-provoking analysis and commentary on TechPolicyDaily.com. Here’s a snippet: … Judge Chappell had none of the FTC’s argument. “The term ‘likely’,” he tells us, “does not mean that something is merely…
Ca: Hospital clerk fined $36,000 for selling patient records
Jacques Gallant has a follow-up to a case that I’ve been covering on this site since it was first disclosed: A former Rouge Valley hospital records clerk was fined $36,000 and given two years of probation on Monday for selling thousands of maternity patient records to RESP firms. Shaida Bandali, 62, pleaded guilty earlier this…
Wait, what??
In January 2015, Ronald D. Garrett-Roe, MD, a physician in Texas, notified HHS that 1,600 patients were affected by a hacking/IT incident involving a desktop computer. At the time, I could find no additional details on the incident, but now we have this somewhat puzzling summary of OCR’s investigation: Alleged hackers gained unauthorized access to one or…
Follow-up: Boston Baskin Cancer improved data security safeguards following breach
Remember the Boston Baskin Cancer Foundation breach involving the theft of a hard drive from an employee’s home? The breach affected almost 57,000 patients and employees. Here’s the summary of OCR’s investigation into the incident: On December 2, 2014, a Boston Baskin Cancer Foundation employee’s laptop computer and external hard drive were stolen. The external hard…