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Health insurer to pay $48 million to resolve 2014 data breach

Privacy/Cyber Risk & Data Security Courts Settlement Data Breach State Issues State Attorney General

Privacy, Cyber Risk & Data Security

On September 30, a multistate settlement was reached between a health insurance company and a collation of 42 state attorneys general and the District of Columbia to resolve a 2014 data breach that allegedly comprised the personal information of more than 78 million customers nationwide. According to the states, cyber attackers infiltrated the company’s systems using malware installed through a phishing email. The data breach resulted in the exposure of consumers’ social security numbers, birthdays, and other personal data. Under the terms of the settlement, the health insurer must pay $39.5 million in penalties and fees, and is required to (i) not misrepresent the extent of its privacy and security protections; (ii) implement a comprehensive information security program, including “regular security reporting to the Board of Directors and prompt notice of significant security events to the CEO”; (iii) implement specific security requirements, including “anti-virus maintenance, access controls and two-factor authentication, encryption, risk assessments, penetration testing, and employee training”; and (iv) schedule third-party assessments and audits for three years.

Separately, the California AG reached a $8.69 million settlement, subject to court approval, in a parallel investigation, which requires the health insurer to, among other things, implement changes to its information security program and fix vulnerabilities to prevent future data breaches.

Previously in 2018, the health insurer reached a $115 million class action settlement, which provided for two years of credit monitoring, reimbursement of out-of-pocket costs related to the breach, and alternative cash payment for credit monitoring services already obtained (covered by InfoBytes here).

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