Update on Cambridge Analytica scandal: Italian DPA fined Facebook in the summer of 2019

  On June 28, 2019, the Garante per la protezione dei dati personali, the Italian Data Protection Authority issued a EUR 1 million fine against Facebook following the scandal of Cambridge Analytica. See here for more info. According to the Italian DPA, 57 Italian users downloaded the incriminated application through the Facebook login function. This […]

District of Columbia Superior Court establishes jurisdiction over data privacy claims brought under general D.C. consumer protection statute

On May 31, 2019, the District of Columbia Superior Court issued an order rejecting Facebook’s request to dismiss or to stay a data privacy litigation brought under a state consumer protection statute. The case is interesting because the order deals with the decision of a state court on the applicability of state general consumer protection […]

SDNY rejects ADA claim based on mootness and lack of personal jurisdiction

    On June 4, 2019, the United States District Court for the Southern District of New York granted Defendant’s motion to dismiss since the company mooted Plaintiff’s claims and for lack of personal jurisdiction over Defendant. By way of background, Plaintiff alleged that Defendant’s website denied equal access to visually-impaired customers and that Defendant’s […]

Arizona A.G. settled over multi-state HIPAA-related data breach for $900,000

  On May 28, 2019, Attorney General Mark Brnovich announced a settlement with healthcare software providers Medical Informatics Engineering Inc. and NoMoreClipboard, LLC regarding some claims brought against them under the federal Health Insurance Portability and Accountability Act (HIPAA). By way of background. Defendants were business associates that were providing health records services that enabled […]

NY A.G. settles with online retailer Bombas which failed to notify data breach involving credit cards details

On June 6, 2019 Attorney General Letitia James, announced a $65,000 settlement with online retailer Bombas LLC for failing to provide notice of payment cards consumers’ data breach that affected 39,561 consumers. In 2014 unauthorized intruders inserted malicious software code to steal payment card information into the ecommerce platform supporting Bombas’ website. Intruders accessed customer […]

Regulation (EU) 2019/881 sets forth a comprehensive set of measures to face increased cybersecurity challenges

    On June 7, 2019, the Official Journal of the European Union (OJEU) published Regulation (EU) 2019/881, the EU Cybersecurity Act. The EU Cybersecurity Act aims at ensuring the proper functioning of the internal market while achieving a high level of cybersecurity, cyber resilience and trust within the EU. It lays down: (a) the […]

Reshaping of civil money penalties penalties for HIPAA violations

    On April 30, 2019, the Department of Health and Human Services (HHS) announced that it would be using its discretion in how it applies HHS regulations concerning the assessment of Civil Money Penalties (CMPs) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as such provision was amended by the Health […]