CPW has previously covered the proliferation of data breaches, including in the healthcare context.  In a dramatic rebuttal of how the Department of Health and Human Services Office of Civil Rights’ (“OCR”) has historically enforced HIPAA, the Fifth Circuit Court of Appeals recently handed down a landmark decision vacating a multi-million dollar penalty that

2020 has been a year for the record books, and the area of data breach litigation is no exception.   Several key developments, when considered individually or in conjunction, will likely make breach litigation a top of mind data privacy issue going into the next year.  So fasten your seatbelts and read on as CPW recaps

No supply chain is immune from cyberattacks.  This includes, unfortunately, in regards to the COVID-19 vaccine.

Yesterday the US Homeland Security Department issued a warning that a series of cyberattacks is underway aimed at the companies and government organizations that will be distributing coronavirus vaccines around the world.  Specifically, the attacks target the COVID-19 cold

Lydia de la Torre is a frequent CPW contributor with deep insight and knowledge on cutting edge developments in data privacy and cybersecurity.  For some of the fantastic pieces she has co-authored recently, see here and here.  Well, we are very pleased to share that the legal publication Daily Journal has selected Lydia among

As CPW has covered, healthcare data breaches are on the rise (and are likely to continue to do so in light of the rise in telehealth in 2020).  Despite the recent proliferation of data breach litigation, case law hasn’t caught up—you can count on your hands the number of times any court, state or

Yesterday CPW covered how one hospital was recently hit with two data breach class actions after a former employee accessed patient records without authorization.  Well, for entities in the healthcare space looking to reduce their cybersecurity risk search no further-CPW’s Elliot Golding and Kristin Bryan published an article earlier this year in Law360 explaining

Healthcare data breaches are on the rise-recent estimates peg the number of patient records breached in 2019 as exceeding 41 million individuals.  Additionally, approximately 60% of all healthcare data breaches are caused by internal actors—a statistic underscored by consecutive data breach class actions filed against the Mayo Clinic concerning the unauthorized access of patient records.

In 2019, the health care sector was the most frequent target of cybercriminals.  This trend has persisted in 2020.  As CPW’s Kristin Bryan covered, in response to this growing threat, the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Agency, the Federal Bureau of Investigation and U.S. Department of Health and Human Services issued a

Yesterday the Federal Trade Commission (“FTC”) issued its Fiscal Year 2020 Agency Financial Report (the “Report”) which describes the agency’s key program performance for FY 2020.  As readers of CPW already know, the FTC is an independent U.S. law enforcement agency charged with protecting consumers and enhancing competition across broad sectors of the economy.  The

This year has accelerated advancements in mobile health which will have wide ranging implications for consumer data privacy,  the health care diagnostic supply chain, and the healthcare industry more broadly.  Conceptually, mobile health could become to human health care the analogue of what automotive computers are to vehicles — diagnostic tools that allow continual and