As reported on the Insurance Recovery Blog, Hunton Andrews Kurth insurance practice head Walter Andrews recently commented to the Global Data Review regarding the infirmities underlying an Orlando, Florida federal district court’s ruling that an insurer does not have to defend its insured for damage caused by a third-party data breach. Continue Reading Hunton Insurance Head Comments on Hotel Data Breach Coverage Dispute
Florida
Florida Passes Drone Surveillance Bill Requiring Individual Consent
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Posted in Information Security, U.S. State Law
On April 28, 2015, the Florida House of Representatives passed a bill (SB 766) that prohibits businesses and government agencies from using drones to conduct surveillance by capturing images of private real property or individuals on such property without valid written consent under circumstances where a reasonable expectation of privacy exists.
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Florida Amends Breach Notification Law to Cover Health Data, Tighten Notice Deadline and Require State Regulator Notification
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On June 20, 2014, Florida Governor Rick Scott signed a bill into law that repeals and replaces the state’s existing breach notification statute with a similar law entitled the Florida Information Protection Act (Section 501.171 of the Florida Statutes) (the “Act”).
Court of Appeals Rules that HIPAA Preempts Florida Law
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Posted in Health Privacy, U.S. State Law
On April 9, 2013, the United States Court of Appeals for the Eleventh Circuit held that the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) preempted a Florida law regarding the disclosure of patient records by nursing homes. The law required nursing homes in Florida to provide the medical records of a deceased nursing home resident to the “spouse, guardian, surrogate, proxy, or attorney in fact,” including “medical and psychiatric records and any records concerning the care and treatment of the resident performed by the facility, except progress notes and consultation report sections of a psychiatric nature.”
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Class Action Lawsuit Filed Against Google for Tracking Android Users’ Location Data
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On June 9, 2011, two plaintiffs filed a class action complaint against Google in the United States District Court for the Southern District of Florida. The complaint alleges that Google’s Android phone “engaged in illegal tracking and recording of [p]laintiffs’ movements and locations … without their knowledge or consent” and that Google violated the Computer Fraud and Abuse Act and Florida statutory and common law by failing to inform Android users that their movements were being tracked and recorded through their phones.
Continue Reading Class Action Lawsuit Filed Against Google for Tracking Android Users’ Location Data
States Attempt to Address Privacy Risks Associated with Digital Copiers and Electronic Waste
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Posted in Information Security, U.S. State Law
As reported in BNA’s Privacy Law Watch, on April 1, 2011, a New York law went in effect requiring manufacturers of certain electronic equipment, including devices that have hard drives capable of storing personal information or other confidential data, to register with the Department of Environmental Conservation and maintain an electronic waste acceptance program. The program must include convenient methods for consumers to return electronic waste to the manufacturer and instructions on how consumers can destroy data on the devices before recycling or disposing of them. Retailers of covered electronic equipment will be required to provide consumers with information at the point of sale about opportunities offered by manufacturers for the return of electronic waste, to the extent they have been provided such information by the manufacturer.