4 Data Security Policy Trends

• Health Information protected by HIPPA will put companies at risk.
  • Department of Health and Human Services Office for Civil Rights enforcement actions have led to multiple million dollar settlements against hospitals, clinics, and health systems
• FTC will take enforcement action. That action will lead to lawsuits challenging the FTC powers of enforcement. 
  • Opportunity for state enforcement abounds.
• More lawsuits against companies and financial institutions. Big legal costs. Big tort reform opportunity. A sample of the lawsuits:
  • class action suits
  • Claims under specific privacy statutes, like motor vehicle records
  • State medical privacy laws for employee health insurance records
  • Restricted access to bank accounts may satisfy data breach causes of action
• Insurance Regulation on data breach policies as the industry rapidly expands.