As employees become more savvy with electronic communications and employers face increasing challenges with controlling vast amounts of data, the circumstances in this recent San Francisco Examiner story are likely being repeated all over the country – employee takes company information to support her wrongful termination case.
Continue Reading Employers Beware: Aggrieved Employee Commits Data Breach Affecting 2400 Individuals
Data Breach Insurance Growing In Popularity for Health Care Providers, Others
The demand for "data breach" insurance appears to be growing based on our experiences, as well as commentary such as a recent article by Pamela Lewis Dolan of American Medical News.
As we’ve reported, data breach coverage is something quite different than traditional "cyber-risk" coverage which tends to address "hazards such as unauthorized Web site access, online
Red Flag Program Clarification Act Signed Into Law
As we reported here, the Senate passed legislation to clarify the application of the "red flag" rules to "creditors." The law, the Red Flag Program Clarification Act of 2010, made its way through the House and, on December 18, 2010, was signed into law by President Barack Obama.
The Act makes clear that the red flag rules apply
California Department of Public Health Continues to Fine Hospitals and Nursing Homes for Data Breaches
CDPH’s data privacy enforcement activity continues, this time affecting 6 hospitals and a nursing home with total penalties approaching $800,000.
Continue Reading California Department of Public Health Continues to Fine Hospitals and Nursing Homes for Data Breaches
Protecting Confidential Business Information
We’ve written extensively here on the importance of safeguarding personal information. We’ve also made clear that the safeguarding of data should not stop with individually identifiable personal information. In fact, many times a company’s most sensitive information, data critical to the survival of its business, is its corporate trade secrets, proprietary information, and its clients’
Senate votes on Red Flag Program Clarification Act of 2010
As reported by the American Bar Association and PHIprivacy.net, lawyers, accountants, health care providers and others soon may get some clarity as to whether the "red flag" rules apply to them. The United States Senate voted unanimously to pass the Red Flag Program Clarification Act of 2010. Under the Act, according to statements from Sen.
Connecticut Insurance Department Settles Health Net Data Breach
What had been the first use of the enforcement authority under the HIPAA privacy regulations granted to a State Attorney General, has ended in a settlement agreement between Connecticut’s Insurance Department and Health Net of Connecticut. Under the agreement, Health Net will pay $375,000 in penalties, and it agreed to provide credit monitoring protection for 2 years to all affected persons in Connecticut
Doctors’ Orders Through Your Cell Phone?
“Washington Post” Voxiva “mobile phone”
Continue Reading Doctors’ Orders Through Your Cell Phone?
What to do with old phones, particularly smartphones?
The folks at Identity Theft 911 remind us of the need to be "smart" about handling smartphones. In a recent post, the company warns that the wealth of data on these devices can substantially expose an individual if his or her device(s) are not purged upon disposal. The same is true, of course, for employers with respect to the phones and
Employees Protected from Retaliation When Raising Concerns about HIPAA and Data Security
In March 2010, we reported on a decision by the U.S. District Court for the District of New Jersey that allowed an employee’s retaliation claim to proceed to trial under the New Jersey Conscientious Employee Protection Act (“CEPA”) on the ground that he was engaged in protected whistle blowing activity – voicing concerns regarding his employer’s