C. Ryan Barber reports that one week after the initial decision by Administrative Law Judge D. Michael Chappell in FTC v. LabMD, Michael Daugherty and LabMD filed a civil suit against three FTC attorneys involved in the case. The suit, which names Carl Settlemyer, Alain Sheer and Ruth Yodaiken as defendants, was filed Friday in U.S. District Court for…
Category: U.S.
Quest Diagnostics sued over fax errors breach, but are they really responsible?
A few days ago, I noted a report from NBC about hundreds of misdirected faxes that were intended for Quest Diagnostics. The report mentioned that a lawsuit had been filed over the breach. Here’s the press release on the lawsuit, below, but I’m not sure on why it’s Quest being sued. Are they responsible or liable…
LabMD ruling should be a wake-up call for FTC data security enforcement
For another informed perspective on the impact of the initial decision in FTC v. LabMD, I’d strongly encourage this site’s readers to read Gus Hurwitz’s thought-provoking analysis and commentary on TechPolicyDaily.com. Here’s a snippet: … Judge Chappell had none of the FTC’s argument. “The term ‘likely’,” he tells us, “does not mean that something is merely…
Oh, so THAT’s what happened to 160,000 Walgreens customers
Back in December, 2014, I noted that HHS had added an incident involving Walgreens: Walgreen Co. reported that 160,000 patients had PHI involved in an August 1st – November 6th breach involving paper records. I was unable to find any coverage of this, but this could be big, as Walgreen has had problems before with paper records, and…
Follow-Up: Company involved in NSUH-LIJ breach folded
In June, this site covered a breach affecting approximately 18,000 patients of North Shore-Long Island Jewish Health System. Unencrypted patient data, including SSN and clinical information, had been on five laptops stolen from Global Care Delivery, a Texas-based firm that contracted with North Shore-LIJ to process and collect payments owed by insurers to the hospital system. At the…
OCR closes case on Lanap & Dental Implants of Pennsylvania patient data breach
In 2013, I reported on a patient data breach involving LANAP & Implant Center. I followed up on the breach because although 11,000 patients had their unencrypted personal information uploaded to PirateBay, Dr. DiGiallorenzo had seemingly not notified all patients that their information had been compromised and remained at risk of download by criminals on…