On September 13, 2016, Governor Andrew Cuomo announced the issuance of proposed “first-in-the-nation” cybersecurity regulations for entities regulated by the New York Department of Financial Services (DFS), including jurisdictional banks, insurance companies, and other financial institutions. The proposed regulation will be subject to a 45-day comment period prior to being issued as a final rule. […]
Data Breach
Advocate Health Care Network Agrees to Pay $5.55 Million to Settle Potential HIPAA Penalties
On August 4, 2016, the Office of Civil Rights (“OCR”) announced that Advocate Health Care Network (“Advocate”), Illinois’ largest fully-integrated health care system, has agreed to pay a record-breaking $5.55 million to settle claims of multiple Health Insurance Portability and Accountability Act (“HIPAA”) violations involving electronic protected health information (“ePHI”). The substantial settlement stems from […]
Alston & Bird Issues Advisory on Six Myths of Breach Response
Alston & Bird recently issued an Advisory entitled “Six Myths of Breach Response,” authored by Jim Harvey. As data breaches are on the rise, so are the challenges that businesses face in handling these security incidents. This Advisory identifies six strategic pitfalls to avoid when responding to breaches. The Advisory addresses the true significance of […]
Illinois Makes Extensive Changes to Data Breach Notification Law
On May 6, 2016, Illinois Governor Bruce Rauner signed HB1260, which significantly updates the state’s Personal Information Protection Act. The changes take effect on January 1, 2017. When the new law becomes effective, Illinois’ data breach notification statute will include one of the broader definitions of the information which, if breached, will trigger notification […]
Supreme Court Holds Congress Cannot Confer Automatic Standing By Statute
The Supreme Court has issued its much anticipated opinion in Spokeo Inc. v. Robins, No. 13-1339, 578 U.S. ___ (2016) (click here for a prior post detailing the procedural history and case background). The Supreme Court granted certiarori in Spokeo to determine whether a bare violation of a statute – the Fair Credit Reporting Act […]