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Category: Commentaries and Analyses

Caldicott’s health security reform fails to address basic cyber hygiene

Posted on July 8, 2016 by Dissent

Richard Olver writes: The NHS treats more than 1 million people every 36 hours. These patients are often at their most vulnerable physically and emotionally, but so too are their digital selves. The health sector accounts for the most data security incidents in the UK  — more than 40% of all UK incidents in Q4 2015   — and…

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Analysis of Health Care Data Breach Litigation Trends

Posted on July 8, 2016 by Dissent

The law firm of Bryan Cave lists nine factors entities should look at when considering the risk that litigation poses following a breach. They note:  Specifically, unless a plaintiff has been the victim of identity theft or has suffered some other type of concrete injury, most courts have refused to let them proceed based solely on the…

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Reps. Lieu and Hurd urge ransomware events to be reported under HITECH

Posted on July 8, 2016 by Dissent

Representatives Ted W. Lieu (D | Los Angeles County) and Will Hurd (R | San Antonio) sent a letter to Deven McGraw, Deputy Director of the Office of Civil Rights of the Department of Health and Human Services (HHS) encouraging the office to focus on developing guidance for health care providers to respond to ransomware attacks under…

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NEW: Monthly stats for health/med breaches

Posted on July 7, 2016 by Dissent

People have often asked me if I compile stats on the reports on my site. I haven’t, but am pleased to announce that I am now collaborating with Protenus to help them provide monthly stats for U.S. breaches involving health/medical data. You can read their first blog post on June incidents here.  Here’s a snippet…

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Password-sharing case divides Ninth Circuit in Nosal II

Posted on July 7, 2016 by Dissent

Orin Kerr writes: The Ninth Circuit has handed down United States v. Nosal (“Nosal II“), a case on the scope of the Computer Fraud and Abuse Act that I blogged about here and here. The court held 2-1 that former employees of a company who had their company accounts revoked violated the CFAA when they subsequently…

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In 5-year period,162 security breaches impacted 7.6 million consumers in SC

Posted on July 6, 2016 by Dissent

Matthew Stevens reports: The South Carolina Department of Consumer Affairs has released its Security Breach Report from January 2011 through December of 2015. Over that span, the agency acknowledge 162 breaches that impacted more than 7.6 million consumers in SC. The report found that the most breaches, 39, were related to the retail and food…

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