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Category: Commentaries and Analyses

6th Circuit denies en banc on data breach standing issue. Prelude to SCOTUS?

Posted on October 14, 2016 by Dissent

Alison Frankel reports: … The 6th Circuit denied a petition by Nationwide Insurance to rehear a three-judge panel’s Sept. 2016 decision to allow a negligence class action stemming from a 2012 data breach to proceed. Nationwide’s lawyers at Morgan Lewis & Bockius argued in the en banc petition (as the insurer argued in federal district court in Columbus, Ohio, and before…

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Audit details cybersecurity concerns in Missouri schools

Posted on October 14, 2016 by Dissent

Dale Singer reports: Missouri school districts need to tighten controls over student data and other information to help ensure they do not fall into the wrong hands for the wrong purpose, a state audit said Thursday. Using information she gleaned earlier this year from audits on five districts, including Orchard Farm in St. Charles County, state Auditor…

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So what kind of month was September for the healthcare sector?

Posted on October 13, 2016 by Dissent

Looking for some monthly stats on healthcare data breaches in the U.S.? See Protenus’s Breach Barometer for September, produced in conjunction with DataBreaches.net.

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Contracting in the Cloud: Who Pays for a Data Breach?

Posted on October 5, 2016 by Dissent

In a recent white paper I co-authored with Protenus, Inc., we noted the significant risks of a breach involving a vendor or business associate. In following up in a subsequent post, I also included a “pop quiz” for readers to use to test their understanding about the terms of any contract they have in terms of…

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InfoSec: FDA Needs to Rectify Control Weaknesses That Place Industry and Public Health Data at Risk

Posted on October 2, 2016 by Dissent

For years, Congress and federal regulators have been raising concerns about FDA’s infosecurity after report of a hack in 2013. So while the FDA has been issuing lots of statements about securing medical devices and mobile apps, the GAO would like them to know that they need to do a better job on securing their own data: What…

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FTC denies LabMD’s application for a stay of Commission’s Final Order

Posted on September 29, 2016 by Dissent

In what is likely to infuriate those who believe that the Federal Trade Commission has already abused its authority in its relentless enforcement action against a small cancer-detecting laboratory, the FTC has denied LabMD’s application for a stay of their final order  while LabMD appeals to a federal court. In explaining its denial, the Commission said it looked at four…

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