Marcy Wilder, Scott Loughlin, Melissa Bianchi, Paul Otto, and Alyssa Golay of Hogan Lovells write: This week the U.S. Department of Health and Human Services, the agency responsible for HIPAA enforcement, announced the formation of three new divisions within the Office for Civil Rights (“OCR”). The new divisions – Enforcement, Policy, and Strategic Planning –…
Category: Commentaries and Analyses
Lubbock Heart and Surgical Hospital sued for breach where no one knows for sure whether data was accessed or acquired
If the victim of a cyberattack cannot determine whether data was accessed or acquired, should that increase the damages sought by plaintiffs in a class action suit? Or should it get the suit tossed out because the plaintiffs can’t prove any theft of their data? Kelly Mehorter reports about a class action lawsuit filed against…
Little Rock school district seeks cyberattack disclosure guidance
Arkansas Online reports: The Little Rock School District is continuing to seek an attorney general’s opinion on the legality of holding private school board meetings when reacting to a cyber- or ransomware attack on a district’s electronic information systems. Little Rock Superintendent Jermall Wright sent a lengthy letter in January to the attorney general’s office…
Hong Kong: Data Security Measures Guidance published by the PCPD
Anna Gamvros (HK) and Edward Yau (HK) of Norton Rose Fulbright write: As data breaches and cyber attacks continue to surge and attackers become more sophisticated, organisations are well aware that the need for robust data security measures is becoming increasingly important. In Hong Kong, the Office of the Privacy Commissioner for Personal Data (the PCPD)…
Supreme Court Hears Healthcare Identity Theft Case
Marianne Kolbasuk McGee reports: Justices on the U.S. Supreme Court seem ready to restrict federal prosecutors’ use of a federal law criminalizing identity theft after hearing a case challenging its application in a Medicaid fraud case. Traditional identity theft involving appropriation of personal information for criminal ends, such as obtaining fraudulent prescriptions or submitting fake…
CrowdStrike: Threat actors shifting away from ransomware
Alexander Culafi reports: Threat actors are shifting away from traditional ransomware and toward malware-free cyber attacks, according to a new report from CrowdStrike. The cybersecurity vendor this week published its “2023 Global Threat Report,” which annually compiles CrowdStrike’s research related to cybercrime, or “eCrime,” from the previous year. Major topics covered in the 2023 report include malware-free…