Trying to keep up with the fast-moving world of social media, the Kentucky Court of Appeals has ruled that “tagged” or captioned photographs posted on Facebook may be admitted as evidence. The ruling in the case has implications for employers. In LaLonde v. LaLonde, the appellant-wife objected to the trial court’s admitting into evidence photographs
HHS Settlement Follows Enforcement Fine
In a uniquely timed second showing of enforcement authority, the Department of Health and Human Services (HHS) announced on February 24, 2011 a one million dollar settlement with a Massachusetts hospital that allegedly breached patient data. This settlement announcement comes only days after HHS announced a 4.3 million dollar HIPAA Privacy Rule fine. The
Social Security Number Protection Act of 2010
On December 18, 2010 President Obama signed into law the Social Security Number Protection Act of 2010. The law has two key components.
First, the law establishes that no Federal, State, or local agency may display the Social Security account number of any individuals or any derivative of such number, on any check issued for
U.S. Bank Hit with Class Action Suit Alleging Data Breach Cover-Up
Paintball Punks filed a class action suit against U.S. Bank in Hennepin County, Minnesota. The case was subsequently removed on December 6, 2010, to the Minneapolis District Court. In the complaint, Paintball Punks alleges that between August and December 2009 it received 9 orders totaling approximately $11,000, which were fraudulently billed to U.S. Bank-issued cards. The amount
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
Federal Agencies Tighten Data Security Screws on Federal Contractors
Federal contractors are subject to numerous requirements under federal law and, as we have previously highlighted here, need to keep pace with changes in law and regulation.
Under the Federal Information Security Management Act of 2002 (FISMA) each federal agency is required to develop, document, and implement an agency-wide program to provide information security
No Claim For Data Breach Damages Absent Financial Loss or Tangible Injury
In another favorable decision for companies, the Maine Supreme Court ruled on September 21, 2010 that consumers affected by a data breach could not claim damages from the company unless they suffered uncompensated financial losses or some other tangible injury.
The Maine Supreme Court addressed the following:
In the absence of physical harm or economic loss
Attorney General Securing Personal Data in Indiana
Indiana recently enacted a new law which grants authority to the Indiana Office of the Attorney General’s Identity Theft Unit to obtain and secure abandoned records with personally identifying information, including health records, and either destroy them or return them to their owners. Additionally, the new law sets fines and other legal ramifications for violations of
Supreme Court Issues Decision in City of Ontario v. Quon – Search of Text Messages Held Reasonable, Ninth Circuit Reversed
The Supreme Court today issued its decision in City of Ontario, California v. Quon. In a unanimous decision, the Court held that the search of Quon’s text messages, sent or received on his department issued pager, was reasonable and did not violate Quon’s Fourth Amendment rights.
As set forth in the opinion, the Court did
Employees Claiming Emotional Distress Must Produce Social Network (Facebook and MySpace) Information In Discovery
All information from plaintiffs’ social networking profiles and postings that relate to their general emotions, feelings, and mental states must be produced in discovery when they allege severe emotional trauma and harassment against their employer, a federal court in Indiana has ruled. (EEOC v. Simply Storage Management LLC, S.D. Ind., No. 1:09-cv-1223, discovery