The Federal Trade Commission's data security enforcement case against Atlanta-based cancer screening laboratory LabMD following an alleged 2008 data breach was dismissed recently by an administrative law judge who said that the agency failed to prove the breach harmed, or could potentially harm, consumers.
In this FierceHealthIT article, Alisa Chestler notes that, despite the ruling she's still advising her clients to keep their cybersecurity defenses up.
"It is important that healthcare companies do not get misled by this decision," Ms. Chestler said. "The fundamental importance of security remains, as it should, a very strong standard. Whether it's the FTC or the Office of Civil Rights, good end-to-end security – including knowing and understanding the entities' protocols with peer-to-peer software or the prohibition or peer-to-peer software through their system – needs to be robustly considered, understood and documented."
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