News & Analysis as of

Data Breach Enforcement Actions Civil Monetary Penalty

Womble Bond Dickinson

The ICO’s Penalty Against 23andMe Brings New Emphasis on Cybersecurity Risks - Key Takeaways for U.S. Companies

Womble Bond Dickinson on

The dramatic increase in global reach that the internet provides U.S.-based companies comes as a double edge sword. While it significantly increases a company’s potential customer pool, it also subjects companies to...more

Health Care Compliance Association (HCCA)

We’ll Take the Fine: OCR’s ‘Unwarranted,’ Costly Demands Prompted Hospital’s $538K Payment

The saga that led Children’s Hospital Colorado to accept a fine of more than $500,000 imposed by the HHS Office for Civil Rights (OCR) began on July 11, 2017, when a physician’s email account containing details on 3,300...more

Saul Ewing LLP

Two CMPs and One Settlement Close Out 2024 HIPAA Enforcement

Saul Ewing LLP on

December 2024 was an active month for the U.S. Department of Health and Human Services ("HHS"), Office for Civil Rights ("OCR"). OCR announced (i) a $1.19 million civil monetary penalty ("CMP") against Gulf Coast Pain...more

Fenwick & West LLP

The SEC is Cracking Down on Misleading Cybersecurity Disclosure

Fenwick & West LLP on

On October 22, 2024, the SEC charged two current reporting companies, Unisys Corp. and Check Point Software Technologies, and two former public companies, Mimecast Limited and Avaya Holdings Corp., with making materially...more

Robinson+Cole Data Privacy + Security Insider

Marriott and Starwood Settle on Consent Agreement with FTC for Data Breaches

This week, Marriott International, Inc. and its subsidiary Starwood Hotels & Resorts Worldwide LLC (collectively, Marriott) agreed to settle on the terms of a settlement order with the Federal Trade Commission (FTC) for its...more

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

Clark Hill PLC

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

Clark Hill PLC on

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)

Report on Patient Privacy Volume 22, Number 11. MD Anderson Won Against OCR, But Agency’s Response—Including on Fines—Keeps...

Report on Patient Privacy Volume 22, Number 11. (November 2022) Nearly five years passed from the time the University of Texas MD Anderson Cancer Center reported to the HHS Office for Civil Rights (OCR) that three...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

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

Sheppard Mullin Richter & Hampton LLP

What Does the Fifth Circuit’s Vacating of HHS HIPAA Fines Mean for Companies This Year?

Will HHS’ approach for imposing penalties in the aftermath of a data breach become a little clearer in 2021? This is a distinct possibility in the wake of a Fifth Circuit decision vacating penalties against MD Anderson Cancer...more

White & Case LLP

UK ICO fines BA £20m for data breach

White & Case LLP on

In a remarkable decision, the UK ICO has issued British Airways ("BA") with a £20m fine, in connection with a data breach affecting more than 400,000 customers. This is a significant reduction from the £183m the ICO had...more

Tucker Arensberg, P.C.

Ambulance Company Pays $65,000 Settlement

Tucker Arensberg, P.C. on

On December 30, 2019, the U.S. Department of Health and Human Services, Office for Civil Rights (“HHS”) announced a $65,000 settlement with West Georgia Ambulance, Inc. for  violations of the Health Insurance Portability and...more

Mintz - Privacy & Cybersecurity Viewpoints

A New Decade of HIPAA – What Can We Expect?

As the decade winds down, it’s hard to believe that the HIPAA Privacy and Security Rules are almost twenty years old. It has been ten years since the U.S. Department of Health and Human Services (HHS) Office for Civil Rights...more

Health Care Compliance Association (HCCA)

'Misinterpretation' of Breach Rule, Lack of Internal BAA Cost Hospital Group $2.1M

Report on Patient Privacy 19, no. 12 (December 2019) - Sentara Hospitals, a nonprofit group of 12 medical centers in Virginia and North Carolina, will implement a fairly minimal two-year corrective action plan (CAP) and...more

Ballard Spahr LLP

OCR Hits Health System with $2.2M Fine for HIPAA Violations

Ballard Spahr LLP on

The U.S. Department of Health and Human Services Office of Civil Rights (OCR) imposed $2,154,000 in civil monetary penalties against Jackson Health System in Florida for failing to meet HIPAA privacy and security...more

Latham & Watkins LLP

Britische Datenschutzaufsicht ICO kündigt Rekordbußgelder wegen DSGVO-Verstößen an

Latham & Watkins LLP on

Das ICO kündigt an, Bußgelder gegen British Airways und Marriott zu verhängen. Was ist passiert, wie geht es weiter? Am 8. Juli 2019 kündigte das Information Commissioner’s Office (ICO) an, gegen British Airways wegen...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

Mintz - Health Care Viewpoints

Physician's Response to a Public Patient Complaint Leads to Penalty under HIPAA

The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) recently announced a no-fault settlement, including a $125,000 penalty and a two year corrective action plan for Allergy Associates of...more

BCLP

Germany Announces that It Is Not Interested In a Race to the Top on Imposing GDPR Fines

BCLP on

The European Union's General Data Protection Regulation (GDPR) is the most comprehensive data privacy regulation in the world. It also confers upon supervisory authorities – i.e., regulators within the European Union Member...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

Holland & Hart LLP

SEC Issues First Ever Enforcement Action For Failure to Disclose a Data Breach, Obtaining $35 Million Penalty

Holland & Hart LLP on

The U.S. Securities and Exchange Commission announced on April 24, 2018 that Yahoo! (now known as Altaba, Inc.) agreed to pay a $35 million civil penalty to resolve claims that it failed to appropriately and timely disclose...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

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