Recently, the U.S. Department of Health and Human Services’ Office for Civil Rights entered into a resolution agreement and record settlement of $16 million with Anthem, Inc. following Anthem’s 2015 data breach, the largest breach of protected health information in history that affected approximately 79 million individuals.
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On June 6, 2018, the Eleventh Circuit vacated a 2016 Federal Trade Commission order compelling LabMD to implement a “comprehensive information security program that is reasonably designed to protect the security, confidentiality, and integrity of personal information collected from or about consumers.” The Eleventh Circuit agreed with LabMD that the FTC order was unenforceable because it did not direct the company to stop any “unfair act or practice” within the meaning of Section 5a of the Federal Trade Commission Act.
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