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We have been following proposed legislation to modify the
Connecticut data breach notification law as it worked its
way (unsuccessfully) through the 2012 General Session of the
legislature. To our surprise, it has, nonetheless, been
passed as part of the state's General Assembly's Special
Session — included in the state's Budget Bill as Section 130.
The text of the Budget Bill linked in this blog post includes
the marked changes to Section 36a-701b.
The revised version of Section 36a-701b, will be effective
October 1, 2012, and requires the reporting of a "breach of
security" to the Connecticut Attorney General. This is in
addition to any other data breach reporting requirements that
already exist under Connecticut's data breach notification law,
or promulgated by industry regulators (e.g., Connecticut Department of Insurance Bulletin
IC-25). Failure to comply constitutes an unfair trade practice
under Connecticut General Statutes Section 42-110b and is
enforceable by the Attorney General. As we also
reported in this space, last year the Connecticut Attorney
General's office announced that it has established a Privacy
Task Force.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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The 2010 theft of an unencrypted laptop containing confidential health care information made front-page news in 2013, not because a huge number of patients were affected, but for the exact opposite reason.
Identity theft is a serious threat. In 2012, more than 12.6 million adults became victims of identity theft in the U.S.1 And the costs have been astronomical.
On April 22 Verizon released its 2013 Data Breach Investigations Report (DBIR), which has since 2008 become a leading annual survey of data breaches, with participants across the globe.
Increasingly, privacy is a big concern in app development. California and other jurisdictions are ramping up enforcement efforts around existing privacy laws.
Understanding the complexities of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules is often a challenge for health care providers and consumers.
Any company that collects personal data from consumers should take proactive steps to have appropriate legal counsel review its data security practices, as well as its terms of service or privacy practices, to identify any potential problem areas.
The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published on its website a series of factsheets designed to educate consumers unfamiliar with their rights under the Health Insurance Portability and Accountability Act’s (HIPAA) Privacy and Security Rules.