News & Analysis as of

Data Breach Data Protection Civil Monetary Penalty

Nelson Mullins Riley & Scarborough LLP

And T-Mobile Makes Three: More Information Security Guidance for Telecommunications Carriers from the FCC

Close on the heels of its Consent Decrees with TracFone and AT&T, on September 27, 2024, the Enforcement Bureau of the Federal Communications Commission (FCC) announced that it reached a Consent Decree with T-Mobile US, Inc....more

Health Care Compliance Association (HCCA)

Privacy Briefs: May 2024

Kaiser Permanente is notifying 13.4 million current and former members that their personal information may have been compromised when it was transmitted to tech giants Google, Microsoft Bing and X (formerly Twitter) when...more

Clark Hill PLC

GoodRx Pays $1.5 Million Settlement in the FTC’s First Enforcement Action Under the Health Breach Notification Rule

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For the first time since it became law on Aug. 25, 2009, the Federal Trade Commission (“FTC”) has taken enforcement action under 16 C.F.R. § 318, also known as the Health Breach Notification Rule, with a $1.5 million civil...more

Health Care Compliance Association (HCCA)

OCR: Current Fines Too Low to Spur Compliance; Agency Also Seeks Funding Boost, Injunctive Relief

Report on Patient Privacy 22, no. 5 (May, 2022) - Compared to other agencies, the HHS Office for Civil Rights (OCR) is a little fish in the big federal pond, but it has an outsize effect on HIPAA covered entities (CEs) and...more

Bilzin Sumberg

Recent Settlements and Penalties Show Perils of Data Breaches

Bilzin Sumberg on

Two major U.S. financial institutions, Morgan Stanley and Capital One, recently agreed to resolve separate class action lawsuits by paying, in the aggregate, hundreds of millions of dollars in compensation for massive data...more

Alston & Bird

NYDFS Announces Cybersecurity Settlement, Addresses Multi-Factor Authentication Rules

Alston & Bird on

On April 14, 2021, the New York Department of Financial Services (“NYDFS”) announced a settlement with National Securities Corporation (“National Securities”), a licensed insurer, in connection with claims under the NYDFS...more

Robinson+Cole Data Privacy + Security Insider

NYDFS Settles with National Securities Corp. for $3M for Violations of DFS Cybersecurity Regulations

The New York Department of Financial Services (NYDFS) has settled alleged violations of the Department’s strict cybersecurity regulations with National Securities Corp. (NSC) for $3 million, over four separate cybersecurity...more

Hogan Lovells

Fifth Circuit Vacates $4.3M Penalty Against MD Anderson Related to Data Losses

Hogan Lovells on

There has been a significant development in the ongoing debate regarding the scope of the authority of the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) to issue penalties under the Health...more

Faegre Drinker Biddle & Reath LLP

$1.6 Million Civil Money Penalty for HIPAA Breach Impacting 6,617 Individuals

The Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services imposed a $1.6 million civil money penalty (CMP) against the Texas Health and Human Services Commission, Department of Aging and Disability...more

K&L Gates LLP

K&L Gates Triage: HIPAA Enforcement Discretion, Disputes, and Data

K&L Gates LLP on

The U.S. Department of Health and Human Services recently released a notice of enforcement discretion announcing changes in how the agency will assess civil monetary penalties for violations of the Health Insurance...more

Jones Day

Jones Day Global Privacy & Data Security Update | Vol. 20

Jones Day on

UNITED STATES - Regulatory—Policy, Best Practices, and Standards - NIST Releases Internal Report Regarding IoT Cybersecurity - In September, the National Institute of Standards and Technology ("NIST") released a draft...more

Payne & Fears

It’s No Secret: California’s New Consumer Privacy Law Goes Live in 2020 (Maybe)

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Privacy activists cheered when, on June 28, 2018, Governor Brown signed into law the strictest consumer privacy law in the United States; the California Consumer Privacy Act of 2018 (“CCPA”). Effective January 1, 2020, the...more

Sheppard Mullin Richter & Hampton LLP

Are You a “Hybrid Entity” under the Health Insurance Portability and Accountability Act of 1996? The $4,348,000 Question

A single, multidisciplinary entity, like a university, may include certain departments that use PHI, and other departments that do not. Such institutions are eligible to (and should) self-identify as “hybrid entities” to...more

Akin Gump Strauss Hauer & Feld LLP

The Significance to Businesses of the California Legislature’s Last-Minute Revisions to the 2018 California Consumer Privacy Act

• The California Legislature passed SB 1121 to revise certain sections of the CCPA – the nation’s strictest privacy protection statute which provides Californians with a right to learn what personal information certain...more

Troutman Pepper

Are You Prepared for the California Consumer Privacy Act? Get Ready for European-Style Privacy in the U.S.

Troutman Pepper on

With California enacting a sweeping new data privacy law on June 28, now is the time for companies to review and adjust to how the California Consumer Privacy Act will impact their business. The act, which has broad...more

Skadden, Arps, Slate, Meagher & Flom LLP

Cross-Border Investigations Update

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including the use of legal holds in cross-border investigations,...more

Bradley Arant Boult Cummings LLP

Summary Judgment: Recent HIPAA Case Emphasizes Encryption, Action on Risk Analysis - AHLA Health Information and Technology...

On June 18, 2018, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced that an HHS Administrative Law Judge (“ALJ”) granted summary judgment to OCR in an enforcement action...more

Sheppard Mullin Richter & Hampton LLP

New York Settles EmblemHealth Breach for $575,000

The recent $575,000 settlement with EmblemHealth signals a push from AG Schneiderman “for stronger security laws and hold[ing] businesses accountable for protecting their customers’ personal data.” Noting New York’s “weak and...more

Bradley Arant Boult Cummings LLP

Increased FTC Enforcement Highlights Need for Cyber-Regulatory Coverage

Regulatory components to cyber insurance policies are becoming increasingly valuable as data-breach enforcement continues to surge. The Federal Trade Commission (FTC or Commission), the nation’s primary privacy and data...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - July 2017

In this month's edition of our Privacy & Cybersecurity Update, we examine new privacy laws in Germany, an FTC settlement with an alleged consumer loan company over unfair and deceptive practices, the dismissal of a data...more

Mintz - Privacy & Cybersecurity Viewpoints

Target Reaches $18.5 Million Dollar Settlement in Data Breach with States

It seems as though we have been writing about this case for a lifetime. Target Corporation’s data breach saga came one step closer to a conclusion this week. On Tuesday, Target reached an $18.5 million settlement with 47...more

King & Spalding

Investment Adviser Settles SEC Cybersecurity Enforcement Action; SEC Issues Investor Alert

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On September 22, the U.S. Securities and Exchange Commission (“SEC”) and R.T. Jones Capital Equities Management, Inc. (“R.T. Jones”), a St. Louis-based investment adviser, settled charges that R.T. Jones failed to adopt...more

Manatt, Phelps & Phillips, LLP

SEC Ramps up Cybersecurity Scrutiny With Examination Priorities and an Enforcement Action

Why it matters - Signaling that it will continue to increase its scrutiny of firms' cybersecurity readiness, the Office of Compliance, Inspections and Examinations of the Securities and Exchange Commission (SEC) issued a...more

Foley & Lardner LLP

A Compilation of Enforcement and Non-Enforcement Actions

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Non-Enforcement Cybersecurity Is At the Top of SEC Examination Concerns In a recent SEC “risk alert” for registered broker-dealers and investment advisers, the SEC’s Office of Compliance Inspections and Examinations (OCIE)...more

Foley Hoag LLP - Security, Privacy and the...

The SEC Charges Investment Adviser with Violating Regulation S-P by Failing to Adopt Cybersecurity Policies and Procedures

In recent years, the SEC has been focused on cybersecurity. It has issued risk alerts, conducted examinations and provided guidance about what the agency sees as widespread weaknesses in many policies and procedures to...more

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