By: Joel A. Holt, Esq., CIPP/US Talk about the ever changing world of information security and data privacy. Literally, something new, interesting, or terrible occurs daily. The latest giant balloon in the “parade of horribles” is the American Dental Association (“ADA”) providing its members with a free, electronic copy of the 2016 Dental Procedure […]
Clapper Claptrap…Data Breach Class Actions Are Alive and Kicking.
While attending the recent ABA Internet of Things Institute, I heard something troubling from a particular panelist, a data breach class action defense attorney. This attorney, from a monolithic law firm, proclaimed that data breach class-actions were, essentially, on life support as result of the U.S. Supreme Court’s (“SCOTUS”) decision in Clapper v. Amnesty Int’l […]
Hungry, Hungry HIPAA
One recent case that didn’t get much attention, but should have, clarifies Ohio health care providers’ potential exposure for the unauthorized disclosure of patient health information (“PHI”). On August 14, 2015, the Second District Court of Appeals decided Sheldon v. Kettering Health Network. [i] In Sheldon, the Second District addressed patients’ rights related to the […]
CFPB’s DWOLLA Enforcement Action: A Warning to Small Financial Institutions
For the first time since its inception, the Consumer Financial Protection Bureau (CFPB) brought the regulatory hammer down on an organization for allegedly misrepresenting the robustness of its data security program to consumers.