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Category: Commentaries and Analyses

Healthcare data breaches lead more patients to withhold information from doctors

Posted on February 18, 2016 by Dissent

Stephen Cobb writes: As 2015 slides into the cybersecurity history books as “the year of the healthcare breach” I decided to examine one aspect of medical data privacy that is sometimes overlooked: the impact of breaches on patient-doctor information exchange. Specifically, I’m concerned that high profile healthcare-related IT security breaches may lead more people to…

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In Cybersecurity, No Harm Does Not Necessarily Mean No Foul

Posted on February 18, 2016 by Dissent

Peter Sullivan, Christopher Escobedo Hart and Colin Zick of Foley Hoag write: How much does the question of harm matter in cybersecurity law? The answer is: It depends on who is bringing the claim. Businesses confronting data breaches can face litigation from private consumers as well as from governmental entities. Managing litigation risk varies in…

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‘Numerous Weaknesses,’ ‘Inadequate Security Settings’ Found in Colorado Obamacare Exchange

Posted on February 17, 2016 by Dissent

Elizabeth Harrington reports: The Obamacare health exchange in Colorado faced “numerous weaknesses” and had “inadequate security settings,” leaving the personal information of enrollees vulnerable, according to a new audit. The inspector general for the Department of Health and Human Services publicly released its review of Connect for Health Colorado on Wednesday, revealing the exchange had…

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Judge Rejects Key Defense in Anthem Data-Breach Suits

Posted on February 17, 2016 by Dissent

Ross Todd reports: U.S. District Judge Lucy Koh’s first major ruling in data-breach lawsuits against major health insurer Anthem Inc. didn’t do much to clarify how the litigation itself will ultimately play out. […] In her decision, Koh addressed for the first time the question of whether the loss of personal information constitutes harm under…

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Hacking Team data hacked and leaked online still confidential: Singapore Court

Posted on February 17, 2016 by Dissent

K.C. Vijayan reports: The High Court has ruled in a novel case that confidential documents hacked from a computer and posted online remain confidential despite being in the public domain. The court found in the test case that e-mails between lawyer and client leaked online by a third party but obtained by the defence was…

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California Attorney General Releases Data Breach Report; Over 49 Million Records of Californians’ Personal Information Put at Risk in Last Four Years

Posted on February 16, 2016 by Dissent

Attorney General Kamala D. Harris today addressed the Stanford Cyber Initiative to release a comprehensive report detailing the nature of data breaches reported to her office over the past four years.  The report found that between 2012 and 2015, there were 657 data breaches, which compromised over 49 million records of Californians’ personal information. The…

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