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|Employer Notification Obligations in Wake of Anthem Data Breach|
Matthew D. Lawless, Diane D. Reynolds, Sara Simrall Rorer, William C. Wagner; Taft Stettinius & Hollister LLP;
March 2, 2015, previously published on February 11, 2015Many employers are wondering what their obligations are in the wake of the Anthem data breach announced on February 5, 2015. Anthem is a large insurer with customers in 14 states. Anthem stated in its letter that only personal information was accessed during the security breach, but, apparently, no...
|Why the Data Breaches of Anthem and Other Companies Affect You|
Matthew D. Lawless; Taft Stettinius & Hollister LLP;
March 2, 2015, previously published on February 13, 2015We have received numerous calls from concerned clients about the Anthem data breach. If you use Anthem as your health plan provider, you should, by now, have started to assess your own obligations and exposure as a result of the breach. But just because you don’t use Anthem doesn’t mean...
|Anthem Lessons: Why You Need a CyberIncident Response Plan for Data Breaches Now|
Diane D. Reynolds, Sara Simrall Rorer, William C. Wagner; Taft Stettinius & Hollister LLP;
March 2, 2015, previously published on February 10, 2015The recent Anthem breach may potentially affect 80 million people. Employers who contracted with Anthem as an insurer (or as a third party administrator for their self-insured plans) must now realize that defending their digital perimeter is not enough. Health insurance companies (and their...
|Breach Alert: Anthem Customers Take Note The Anthem Breach Silver Lining|
Jackie M. Bennett, Matthew D. Lawless, Diane D. Reynolds, William C. Wagner; Taft Stettinius & Hollister LLP;
March 2, 2015, previously published on February 5, 2015Yesterday, Anthem Inc., the nation's second-largest health insurance company, announced that hackers had accessed tens of millions of its records concerning approximately 80 million of its customers and employees. The information included names and SSNs, among other things, and is just the sort of...
|SCC Holds Disclosure of Private Communications Engages Constitutional Rights|
Lisa Martz; McCarthy Tetrault LLP;
February 27, 2015, previously published on December 2, 2014In its Nov. 14, 2014 decision in Wakeling v. United States of America, 2014 SCC 72, the Supreme Court of Canada (SCC) held that s. 8 of the Canadian Charter of Rights and Freedoms (the Charter) (the right to be free from unreasonable search and seizure) applies to the disclosure of communications...
|State of the Union Address Places the President's Privacy and Cybersecurity Proposals Front and Center|
Richard J. Johnson, Todd S. McClelland, Mauricio F. Paez, Gregory P. Silberman; Jones Day;
February 27, 2015, previously published on January 2015In his January 20, 2015, State of the Union Address, President Barack Obama notably focused on privacy and cybersecurity, stressing the urgent need for comprehensive legislation. He raised the specter of foreign nations and hackers shutting down American networks, stealing trade secrets, and...
|Consumer Associations Will Be Entitled to Bring Collective Action for Data Protection Violations|
Undine von Diemar; Jones Day;
February 26, 2015, previously published on February 2015The German Federal Cabinet has adopted draft legislation that, if approved, will allow civil claims to enforce violations of data protection provisions protecting consumer rights (Entwurf eines Gesetzes zur Verbesserung der zivilrechtlichen Durchsetzung von verbraucherschützenden Vorschriften...
|New Telecommunications Privacy Rules for U.S. Broadband Providers|
Bruce A. Olcott, Mauricio F. Paez, Preston N. Thomas; Jones Day;
February 26, 2015, previously published on February 2015Turn-of-the-century common carrier regulation is about to be imposed on providers of broadband internet services in the United States; all that remains to be determined is the details, and there are a lot of them in dispute. On February 4, 2015, Chairman Tom Wheeler of the Federal Communications...
|Prepaid Mobile Provider to Pay $40 Million to Settle Charges It Deceived Consumers About ‘Unlimited’ Data Plans|
Adam Z. Solomon; Olshan Frome Wolosky LLP;
February 26, 2015, previously published on February 9, 2015Mobile provider settles with FTC for deceptive advertising claims about its data plans.
|New York Regulator Announces Plans to Conduct Targeted Cybersecurity Examinations of Insurance Companies, Issue Standards|
Matthew R. Bowles, Scott A. Edelstein, Lisa M. Ledbetter, Mauricio F. Paez; Jones Day;
February 26, 2015, previously published on February 2015On February 8, 2015, the New York State Department of Financial Services ("NYDFS") announced that it will soon begin making targeted cybersecurity assessments of insurance companies and that it plans to issue regulations setting heightened security standards. The announcement coincides...