DataBreaches.net

DataBreaches.net

The Office of Inadequate Security

Menu
  • Breach Laws
  • About
  • Donate
  • Contact
  • Privacy
  • Transparency Reports
Menu

University of California wins appeal in data breach lawsuit; plaintiff couldn't prove data were viewed or accessed

Posted on October 16, 2013November 1, 2015 by Dissent

An update on a lawsuit that followed this breach involving a stolen hard drive with encrypted PHI on over 16,000 UCLA patients.

Law360.com reports:

A California appeals court on Tuesday found that the University of California’s Board of Regents couldn’t be held liable for disclosure when they lost a hard drive with a woman’s medical information on it because the disclosure itself could not be proven.

Plaintiff Melinda Platter filed suit in Los Angeles Superior Court in October 2012 alleging the university’s board had breached the Confidentiality of Medical Information Act when it lost the hard drive containing her medical information.

Read more on Law360.com (subscription required).

You can read the court’s opinion here (pdf). From that ruling (emphasis added by PHIprivacy.net):

Ruling a damage claim may be stated under section 56.101, subdivision (a), based on a health care provider?s negligent maintenance or storage of an individual?s medical information without regard to whether it resulted in any actual release or disclosure of the information, respondent Los Angeles Superior Court overruled the Regents?s demurrer to Platter?s complaint. Although we do not agree with the Regents?s argument an affirmative communicative act by the health care provider is an essential element of Platter?s claim, we hold, by incorporating the remedy specified in section 56.36, subdivision (b), section 56.101 allows a private right of action for negligent maintenance only when such negligence results in unauthorized or wrongful access to the information. Because Platter cannot allege her information was improperly viewed or otherwise accessed, we grant the Regents?s petition and issue a writ of mandate to the superior court directing it to vacate its order overruling the Regents?s demurrer and to enter a new order sustaining the demurrer without leave to amend and dismissing the action.

The California Medical Association had filed an amicus brief in the appeal.

Related Posts:

  • Potential class action lawsuit filed over missing…
  • Lawsuit against Eisenhower Medical Center dismissed…
  • Hard drive containing personal information of some…
  • UCLA Hospitals Sued Over Patient Data Breach
  • OH: University Hospitals notifies 7,100 patients of…

Post navigation

← Man charged in TSYS identity theft violated computer policy at Paragon Benefits
News Corp Australia statement →

Sponsored or Paid Posts

This site doesn’t accept sponsored posts and doesn’t respond to requests about them.

Have a News Tip?

Email:

Breaches[at]Protonmail.ch
Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Telegram: @DissentDoe

Browse by News Section

Latest Posts

  • Update: Cardiovascular Consultants Ltd. ransomware attack reportedly affected 500,000 patients, guarantors, and staff
  • Data breach by Addenbrooke’s Hospital reveals patient information
  • Millions of patient scans and health records spilling online thanks to decades-old protocol bug
  • Cybersecurity: Federal Agencies Made Progress, but Need to Fully Implement Incident Response Requirements (GAO Report)
  • Hackers Exploited ColdFusion Vulnerability to Breach Federal Agency Servers
  • CBIZ KA Notice of Data Privacy Incident (Prime Healthcare)
  • Seeking clarification on Maine’s data breach notification statute
  • East River Medical Imaging notifies 605,809 patients of breach

Please Donate

If you can, please donate XMR to our Monero wallet because the entities whose breaches we expose are definitely not supporting our work and are generally trying to chill our speech!

Donate- Scan QR Code   Donate!

Social Media

Find me on Infosec.Exchange.

I am also on Telegram @DissentDoe.

RSS

Grab the RSS Feed

Copyright

© 2009 – 2023, DataBreaches.net and DataBreaches LLC. All rights reserved.

HIGH PRAISE, INDEED!

“You translate “Nerd” into understandable “English” — Victor Gevers of GDI Foundation, talking about DataBreaches.net

©2023 DataBreaches.net