Anthem Inc, America’s largest health insurance company settles litigation over hack of 79 million people’s accounts for $115 million

By Peter Clarke Reuters reports in Anthem to pay record $115 million to settle U.S. lawsuits over data breach a resolution of a class action arsing out of a massive data breach of 79 million individuals’ personal information.
The Plaintiffs’ website announced that the court will consider the settlement on 17 August 2017.
The breach occurred in early 2015 when Anthem suffered a cyber attack in which the personal information of 78.8 million individuals was stolen. Many of those victim’s names, dates of birth, social security numbers, and health care ID numbers were illegally accessed.
The settlement is structured to protect class members from future …read more

Source:: Peter A Clarke

After 18 years,NSW to get a full time Privacy Commissioner

By Peter Timmins Attorney General Mark Speakman has announced the proposed appointment of Samantha Gavel as NSW Privacy Commissioner. The Joint Parliamentary Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission gets to confirm the appointment… or otherwise. And the good news, many years late, is that the government will make the position full time. The Commissioner has been part-time since the first appointment in 1999 and for long periods there was an Acting Commissioner, including 2003-07 and 2009-2011. “Ms Gavel is a leader in privacy protection who is currently the National Health Practitioner Ombudsman and …read more

Source:: Open and Shut

It’s Never Too Late to Say Sorry

By Melbourne Criminal Lawyers Written by Bill Doogue. Partner, Doogue O’Brien George Criminal Defence Lawyers. As we know three Federal Government Ministers are awaiting a decision on a referral to face charges of contempt. The Ministers – Greg Hunt, Alan Tudge and Michael Sukkar – refused to apologise for comments they made to The Australian newspaper criticising the state’s […] …read more

Source:: Melbourne Criminal Lawyers Blog

Ponemon Institute releases 2017 Cost of Data Breach around the world

By Peter Clarke The cost of data breaches can be catastrophic. The BBC reports that a South Korean web hosting firm, Nayana, has paid $1 million that had been the subject to a ransomware attack. The hackers initially wanted $4.4 million payable in Bitcoin. The orthodox advice is not to pay the ransom. The reality is more mixed.
Ponemon has released another very useful report, this time on the cost of data breaches. It is titled 2017 Cost of Data Breach Study Global Overview.
Some interesting findings include:
All participating organizations experienced a data breach ranging from approximately 2,600 toslightly less …read more

Source:: Peter A Clarke

Subpoena for mandatory report documents

By wjmadden Behrens v Herlihy (NSWSC 22 June 2017; Registrar Bradford) is a decision not yet available on Caselaw. It may be the first decision referring a subpoena issued (by a plaintiff) upon the Medical Council of NSW for production of mandatory report documents (in respect of a defendant) under section 140 of the Health Practitioner Regulation National Law (NSW) No 86a.
The issues on hearing of the defendant’s motion to set aside the subpoena focused on whether there was a legitimate forensic purpose for access to the documents, given matters remaining in issue after the filing of a defence.
The defendant did not …read more

Source:: Bill Madden

Boundary violation claim: Police & witnesses

By wjmadden Although not a claim involving medical treatment, Auditore v State of New South Wales [2017] NSWDC 150 is of interest for its pleading of an action in negligence against the State of New South Wales for psychiatric injury alleged to result from a police officer having a sexual relationship with a witness.
The interlocutory hearing saw comment by the court at [8] that despite several attempts at a claim in negligence requiring the plaintiff to plead a novel duty of care, the nature of the claim as demonstrated by the particulars such as “inappropriate” behaviour and “grooming” is not a claim …read more

Source:: Bill Madden

Federal Court dismisses taxpayer’s appeal where Commissioner alleged the arrangements to be a “sham”

By chrissievers In Sunraysia Harvesting Contractors Pty Ltd (Trustee) v Commissioner of Taxation [2017] FCA 694 the Federal Court dismissed the taxpayer’s appeal from the decision of the Tribunal that arrangements entered into between the taxpayer and other entities were a “sham”, with the effect that the taxpayer was not entitled to claim input tax credits on taxable supplies said […] …read more

Source:: Chris Sievers – Barrister

Historic Sexual Offences. Finding Truth Amid Faded Memories.

By Melbourne Criminal Lawyers Written by by Josh Taaffe. Partner, in-house counsel & Accredited Specialist and Sophie Stafford, solicitor, Doogue O’Brien George defence lawyers. The last thing our client thought would happen when he went to the Royal Commission and told the story of the sexual abuse he had suffered as a child was that he himself would end up […] …read more

Source:: Melbourne Criminal Lawyers Blog

ALRC Elder Abuse report and financial institutions

By David Jacobson The Australian Law Reform Commission (ALRC) has published its report Elder Abuse – A National Legal Response.
The report calls on the Council of Australian Governments (COAG) to harmonise inconsistent rules and regulations across the states and territories by establishing a national policy framework for older persons including the introduction of a national register of enduring powers of attorney and separate proposals aimed at banks and other financial institutions.
Elder abuse is defined as ‘a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an …read more

Source:: Bright Law

The Warranty Group agrees to refund to add-on insurance customers

By David Jacobson ASIC is continuing to investigate matters identified in its review of add-on insurance sold through car dealers. Background.
ASIC has announced that Virginia Surety Company, Inc. (Virginia Surety), a general insurer which sells consumer credit insurance in Australia through The Warranty Group Australasia Pty Ltd., will refund over $330,000 in insurance premiums to more than 500 customers. It will also have a condition imposed on its Australian financial services licence, for improperly selling consumer credit insurance policies.
Between 18 June 2013 and 31 December 2015, Virginia Surety sold consumer credit insurance (a bundled add-on insurance product which includes general and life insurance …read more

Source:: Bright Law