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Lincare Settles Class Action Data Breach Case with Employees

Lincare Holdings Inc. (Lincare), recently entered into a mediated settlement with its employees regarding a data breach that took place on February 3, 2017. On that date, a cyber-criminal posing as a high-level Lincare executive emailed a human resources employee requesting W-2 data for some of its employees. The human resources employee emailed the information … Continue Reading

DOJ Announces Criminal Conviction of Physician for HIPAA Violation

On April 30, 2018, a Massachusetts physician was convicted of a criminal violation of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as well as one count of obstruction of a criminal health care investigation, in a Massachusetts federal court. The convictions relate to the purported sharing of confidential patient information by the … Continue Reading

EU-US Transatlantic Data Flows Subject to Further Legal Challenge

Last week, the High Court of Ireland submitted eleven questions to the Court of Justice for the European Union (CJEU) to consider about the personal data transfer regime between the European Union (EU) and the United States. This referral stems from a new claim by Max Schrems, an Austrian lawyer and privacy activist. Schrems previously … Continue Reading

Congress Enacts CLOUD Act within Omnibus Spending Bill to Address Overseas Storage of Electronic Data, Potentially Mooting Supreme Court’s Pending Microsoft Case

On March 23, 2018, the President signed into law the Consolidated Appropriations Act of 2018 (H.R. 1625), an omnibus spending bill that includes the Clarifying Lawful Overseas Use of Data Act (the CLOUD Act). Among other provisions, the CLOUD Act amends the Stored Communications Act of 1986 (18 U.S.C. §§ 2701-2712, hereinafter the SCA) by … Continue Reading

Recent Supreme Judicial Court Decisions Highlight How Courts Must Embrace Technological Change

Courts are often faced with the dilemma of applying centuries, or even decades, old law to constantly evolving technological advancements.  See, e.g., Transcript of Oral Argument, United States v. Microsoft, No. 17-2 (U.S. Feb. 27, 2018) (attempting to ascertain the relationship between the Stored Communications Act, a 1986 law, and modern cloud computing and storage … Continue Reading

Facebook Can’t Shake Illinois Biometric Proposed Class Action Case

We have previously reported on Facebook’s fight against a proposed class action case alleging violation of the Illinois Biometric Information Privacy Act (BIPA). Facebook continues to fight the allegation that its collection and storage of users’ and non-users’ facial scans through the use of facial recognition technology violates BIPA, and has filed a Motion to … Continue Reading

TOPS Software Company Hit with TCPA Class Action

Last week, TOPS Software LLC (TOPS), a software company that specializes in condominium and homeowners association communication platforms, was served with a class action in Illinois federal court which alleges that TOPS violated the Telephone Consumer Protection Act (TCPA) by using auto dialer technology to solicit consumers to attend the “CAMfire conference.” The CAMfire Conference … Continue Reading

Dumpster Diving Leads to $100,000 Fine for Defunct Business Associate Due to Improper Disposal of Medical Records

On February 13, 2018, the HHS Office for Civil Rights (OCR) announced a $100,000 settlement with a court-appointed receiver representing Filefax, Inc. (Filefax) arising from the 2015 discovery of medical records that contained protected health information (PHI) of over two thousand individuals in a dumpster. Filefax, a now-defunct medical records moving and storage company located … Continue Reading

Ciox Health, LLC Initiates Lawsuit against the Department of Health and Human Services Over Medical Records Request Fees under HIPAA and HITECH

On January 8, 2018, Ciox Health, LLC (Ciox) filed a complaint against the Department of Health and Human Services (HHS) and then-acting Secretary Eric D. Hargan, alleging that the Department’s rules and guidance, under HIPAA and HITECH, “impose[] tremendous financial and regulatory burdens on health care providers and threatens to upend the medical-records industry that … Continue Reading

United States Supreme Court Considers Whether to Weigh in on Circuit Split in Data Breach Actions

In October 2017, healthcare insurer, CareFirst, petitioned the United States Supreme Court, requesting the Court to clarify the constitutional standing requirement for plaintiffs seeking to bring claims regarding their exposure during corporate data breaches. In order to invoke federal court jurisdiction, a plaintiff must plead an actual or imminent injury. The Supreme Court has held … Continue Reading

New Class Action Against FAA

The Federal Aviation Administration (FAA) was served with an 836,796-person lawsuit last week alleging wrongful collection of personal data and money under unmanned aerial system (UAS or drone) regulations. This lawsuit, Robert Taylor v. FAA, is the second class action filed against the FAA—the first, filed in 2015 by Robert Taylor’s brother, John, alleged that … Continue Reading

Connecticut Supreme Court Recognizes Common-Law Cause of Action for Unauthorized Disclosure of Confidential Medical Information

In a long-awaited decision concerning the confidentiality of medical records and patient privacy, the Connecticut Supreme Court recently concluded that the physician-patient relationship establishes a duty of confidentiality to a patient in Connecticut, and that unauthorized disclosure of confidential information obtained for the purpose of treatment in the course of that relationship gives rise to … Continue Reading

Protect Yourself From Year-End Charitable Giving Scams

December is traditionally a busy month for charitable giving, as many donors are inspired by the holiday season to give generously to those in need, while others look to make year-end gifts that will qualify for a tax deduction in the current tax year. Unfortunately, because of the increase in charitable giving, there is often … Continue Reading

Compliance With New York’s Cybersecurity Regulation 23 NYCRR Part 500

On March 1, 2017, New York’s Cybersecurity Regulation (23 NYCRR Part 500)[1] became effective.  The regulation is the first of its kind in the nation and requires certain companies, including banks, insurance companies and other financial services institutions regulated by the Department of Financial Services (“Covered Entities”), to have: a cybersecurity program designed to protect … Continue Reading

US Supreme Court Evaluates Privacy of Cell Phone Data

Last Thursday, the United States Supreme Court heard arguments in Carpenter v. United States.  At issue was whether the FBI violated the Fourth Amendment when it obtained the cellphone location records of Timothy Carpenter.  The FBI used these records to establish Mr. Carpenter’s whereabouts during time periods in which certain armed robberies occurred.  The government … Continue Reading

The Reversal of Net Neutrality on Privacy 101

The Federal Communications Commission’s (FCC) potential reversal of the Obama Administration’s ‘Net Neutrality’ rules have been a constant headline lately. Most media coverage goes to the core principals of net neutrality, including blocking, throttling and pay for priority of internet content; however, privacy is also a factor. Primarily, the FCC issued broadband privacy rules in … Continue Reading

Connecticut Cyber Task Force Announced

The U.S. Attorney’s Office of the District of Connecticut has announced the creation of a Connecticut Cyber Task Force (“CCTF”) in partnership with the FBI, DEA, Secret Service, Homeland Security, IRS, Connecticut State Police, and 11 local police departments from throughout Connecticut as well as other federal authorities. The CCTF’s initial focus will be twofold: … Continue Reading

Hyatt and Bob Evans Face Class Action Biometric Suit Over Fingerprints

Hyatt Corp. was hit with a class action suit this week for allegedly violating the Illinois Biometric Information Privacy Act (BIPA) by collecting and storing employees’ fingerprints. This is the latest in a string of suits over the same complaint—employers using employees’ fingerprints for time clock systems without their written consent. The named plaintiff alleges … Continue Reading

Nonprofit Fundraiser Escapes TCPA Case

An Illinois federal judge has ruled that a fundraising company working for a nonprofit, tax exempt organization did not violate the Telephone Consumer Protection Act (TCPA) when it called a number listed on the National Do Not Call Registry because the activity fell within the nonprofit exemption of TCPA. The ruling is significant as there … Continue Reading

Airline Cargo Company Sued under Illinois Biometric Law

Alliance Ground International is the latest company to be sued for allegedly violating the Illinois Biometric Information Privacy Act (BIPA) for collecting and storing its employees’ fingerprints without their consent. The proposed class of employees alleges that the company, which takes employees’ fingerprints as part of their time keeping records for their work as bag … Continue Reading
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