Nicole Rekant and Stevan Pardo write: The proliferation of data breach cases in Florida courts has focused on Article III standing. To meet the pleading standard under Article III, a plaintiff must allege sufficient facts to show the injury-in-fact is concrete, particularized, actual, and imminent, not conjectural or hypothetical. An allegation of imminent injury may suffice…
Category: Of Note
620 million accounts stolen from 16 hacked websites now for sale on dark web, seller boasts
Chris Williams reports: Some 617 million online account details stolen from 16 hacked websites are on sale from today on the dark web, according to the data trove’s seller. For less than $20,000 in Bitcoin, it is claimed, the following pilfered account databases can be purchased from the Dream Market cyber-souk, located in the Tor…
California Consumer Privacy Act: The Challenge Ahead – The CCPA’s “Reasonable” Security Requirement
Bret Cohen, Paul Otto, Nathan Salminen, and Morgan Perna (law clerk) of Hogan Lovells write: ….This installment of the Hogan Lovells’ CCPA series explains the CCPA’s security requirement and consequences for non-compliance, and describes security controls that most organizations can implement to mitigate this risk. Available statutory penalties The CCPA allows consumers to sue businesses…
OCR Concludes All-Time Record Year for HIPAA Enforcement with $3 Million Cottage Health Settlement
The Office for Civil Rights (OCR) at the U.S Department of Health and Human Services concluded an all-time record year in Health Insurance Portability and Accountability Act (HIPAA) enforcement activity. In 2018, OCR settled 10 cases and was granted summary judgment in a case before an Administrative Law Judge, together totaling $28.7 million from enforcement…
Community Health System Agrees to Settlement of $4.5 Million for 2014 Data Breach
As I reported recently, the 2014 Community Health System breach has settled for $4.5 million. Linn F. Freedman of Robinson & Cole has a concise summary on The National Law Review. The data breach, believed to be caused by Chinese hackers, compromised the names, dates of birth, addresses, telephone numbers, and Social Security numbers of…
Insurance Data Security Model Law Picks Up Steam
Andreas Kaltsounis and Shea M. Leitch of BakerHostetler write: Three states recently enacted variations of the National Association of Insurance Commissioner’s (NAIC) Insurance Data Security Model Law (MDL-668), based on the landmark cybersecurity requirements issued by the New York Department of Financial Services (NYDFS) in March 2017. The NYDFS requirements apply to certain banking, insurance…