This cartoon is about evolution of data breaches, which began to grab headlines back in 2005, thanks in large part to California’s data breach notification law — the first of such laws. Since that time, every state has passed breach notification laws, and there are breach notification laws sprouting up around the world. Every day, we hear of more and more data breaches . . . and they are getting larger and larger.
This cartoon is about data breach notification. All 50 states plus the District of Columbia and Puerto Rico now have data breach notification laws, and breach notification laws are spreading around the globe. And, as is often said in data security, it’s not whether a breach will happen, but when . . .
There have been quite a number of state HIPAA enforcement cases this year, and one expert points out a trend toward increasing state enforcement of HIPAA.
An article in Data Breach Today discusses a number of state HIPAA enforcement cases. Here are some of the ones discussed:
Massachusetts — $75,000 settlement with McLean Hospital for a data breach involving 1,500 victims based on an employee who routinely took home unencrypted backup tapes with PHI. From the state press release:
The AG’s complaint alleges that McLean, a psychiatric hospital in Belmont, allowed an employee to regularly take home eight unencrypted back-up tapes containing clinical and demographic information from the Harvard Brain Tissue Resource Center that the hospital possessed. The tapes contained personal information such as names, social security numbers, diagnoses and family histories. When the employee was terminated from her position at McLean in May 2015, she only returned four of the tapes, and the hospital was unable to recover the others.
New Jersey — $100,000 settlement with EmblemHealth for a 2016 breach involving 81,000 victims. Details from the state’s press release:
The incident at issue took place on October 3, 2016 when EmblemHealth’s vendor sent a paper copy of EmblemHealth’s Medicare Part D Prescription Drug Plan’s Evidence of Coverage to 81,122 of its customers, including 6,443 who live in New Jersey.
The label affixed to the mailing improperly included each customer’s HICN, which incorporates the nine digits of the customer’s Social Security number, as well as an alphabetic or alphanumeric beneficiary identification code. (The number shown was identified as the “Package ID#” on the mailing label and did not include any separation between the digits.)
During its investigation, the Division found that following the departure of the EmblemHealth employee who typically prepared the Evidence of Coverage mailings, the task was assigned to a team manager of EmblemHealth’s Medicare Products Group, who received minimal training specific to the task and worked unsupervised. Before forwarding the data file to the print vendor, this team manager failed to remove the patient HICNs from the electronic data file.
It is sad to say goodbye to Concurring Opinions, a law professor blog I co-founded in 2005. The blog began when a group of us (Dave Hoffman, Kaimi Wenger, Nate Oman, and me) who were blogging at PrawfsBlawg decided we wanted more autonomy in blog governance, so we founded Concurring Opinions. Over the years, we added many great permabloggers: Danielle Citron, Deven Desai, Frank Pasquale, Gerard Magliocca, Ronald K.L. Collins, Larry Cunningham, Naomi Cahn, Sarah Waldeck, Solangel Maldonado, Corey Yung, Jaya Ramji-Nogales, and others.
12/13/18 Update: Here is the video from the session described below.
On Wednesday, December 12, 2018, I’ll be speaking at the Data Security hearing, part of the FTC Hearings on Competition and Consumer Protection in the 21st Century. My panel begins at 1:00 PM:
The U.S. Approach to Consumer Data Security
Wednesday, December 12, 2018 from 1:00 PM to 2:30 PM
Center for Democracy & Technology
Daniel J. Solove
George Washington University Law School
University of Pittsburgh
Perkins Coie LLP
Lisa J. Sotto
Hunton Andrews Kurth LLP
Moderator: James Cooper
Federal Trade Commission, Bureau of Consumer Protection
I previously spoke at an earlier hearing in this series back in September on a panel about consumer privacy protection (video / transcript). The upcoming hearing focuses on data security.