Jan 142014
 
 January 14, 2014  Court

Erica Gann Kitaev writes:

One hot area of data privacy litigation over the past several years has been data breach class actions brought under the California Confidentiality of Medical Information Act (“CMIA”),[1]  which provides that a person may recover $1,000 “nominal” damages against a healthcare provider who has negligently “released” the person’s medical information.  Until recently, no California appellate court had directly analyzed what constitutes a “release” of medical information under the CMIA.  The court in The University of California v. Superior Court (Platter)[2] addressed this question for the first time in 2013 and held that the mere loss of possession of computer equipment containing medical information was not sufficient to constitute a release of the information itself.

Read more about notable cases of 2013 and their implications on Data Privacy Monitor.

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