Archives: Security Breach

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Home Depot Settles Data Breach Claims

On March 9, 2017, Home Depot reached an agreement that includes the payment of 25 million dollars and the implementation of new data security measures to resolve a putative class action brought by financial institutions impacted by the company’s 2014 data breach.… Continue Reading

CNIL Launches New Public Consultation on the GDPR

On February 23, 2017, the French Data Protection Authority launched an online public consultation on three topics identified by the Article 29 Working Party in its 2017 action plan for the implementation of the EU General Data Protection Regulation. The three topics are consent, profiling and data breach notification. … Continue Reading

OCR Settlement Emphasizes Importance of Audit Controls

On February 16, 2017, the U.S. Department of Health and Human Services’ Office for Civil Rights entered into a resolution agreement with Memorial Healthcare System that emphasized the importance of audit controls in preventing breaches of protected health information. The 5.5 million dollar settlement with Memorial is the fourth enforcement action taken by OCR in 2017, and matches the largest civil monetary ever imposed against a single covered entity.… Continue Reading

Australia Enacts New Data Breach Notification Law

On February 13, 2017, the Parliament of Australia passed legislation that amends the Privacy Act of 1988 and requires companies with revenue over 3 million AUD (2.3 million USD) to notify affected Australian residents and the Australian Information Commissioner in the event of an "eligible data breach."… Continue Reading

DPA of Argentina Issues Draft Data Protection Bill

Pablo Palazzi, from Buenos Aires law firm Allende & Brea, reports that earlier this month, the Argentine Data Protection Agency posted the first draft of a new data protection bill on its website. The Draft Bill is heavily based on the EU GDPR and maintains the structure of Argentina’s current data protection bill.… Continue Reading

OCR Settlement Emphasizes Importance of Implementing Safeguards to Protect PHI

On January 18, 2017, the U.S. Department of Health and Human Services’ Office for Civil Rights entered into a resolution agreement with MAPFRE Life Insurance Company of Puerto Rico relating to a breach of protected health information contained on a portable storage device. This is the second enforcement action taken by OCR in 2017, following the action taken against Presence Health earlier this month for failing to make timely breach notifications.… Continue Reading

OCR Settles First Enforcement Action for Untimely Reporting of a Breach

On January 7, 2017, the U.S. Department of Health and Human Services’ Office for Civil Rights entered into a resolution agreement with Presence Health stemming from the entity’s failure to notify affected individuals, the media and OCR within 60 days of discovering a breach. This marks the first OCR settlement of 2017 and the first enforcement action relating to untimely breach reporting by a HIPAA covered entity.… Continue Reading

Home Depot Prevails in Shareholder Derivative Lawsuit Over 2014 Data Breach

Recently, the U.S. District Court for the Northern District of Georgia dismissed a shareholder derivative lawsuit against Home Depot Inc. (“Home Depot”) arising over claims that Home Depot’s directors and officers (the “Defendants”) acted in bad faith and violated their duties of care and loyalty by disregarding their oversight duties in connection with a 2014 … Continue Reading

FINRA Fines Brokerage Firm $650,000 After Cyber Attack

On November 14, 2016, Lincoln Financial Securities Corp., a subsidiary of Lincoln Financial Group, entered into a settlement with the Financial Industry Regulatory Authority, requiring LFS to pay a 650,000 dollar fine and implement stronger cybersecurity protocols following a 2012 hack into its cloud-based server.… Continue Reading

Adobe Settles Multistate Data Breach Enforcement Action

On November 7, 2016, Adobe Systems Inc. entered into an assurance of voluntary compliance with 15 state Attorneys General to settle allegations that the company lacked proper measures to protect its systems from a 2013 cyber attack that resulted in the theft of the personal information of millions of customers. … Continue Reading
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