Media Coverage

Data Breach Probes, Suits Will Test T-Mobile’s Cyber Coverage

Since T-Mobile announced in August 2021 that more than 50 million of its customers had personal information stolen by cyber criminals, the U.S. wireless carrier has been hit with more than 30 suits as well as regulatory investigations.

Flaster Greenberg’s Krishna Jani was tapped by Law360 today for her take on T-Mobile’s cyber insurance coverage and how it could be stretched by the recent data breach. Click here to read more.

Media Outlet:

Law360

Media Type:

Legal Commentary

Date:

October 1, 2021

Defending Patient Breaches for Hospitals – Darshan Talks Podcast

On this episode of Darshan Talks, we had discussed Health Literacy with guest Krishna Jani. Krishna Jani, Cybersecurity & Data Privacy Attorney at Flaster Greenberg PC, had spoken about the relationship between data privacy, life sciences, and health issues in the legal domain. She had highlighted that healthcare services should ensure that they don’t compromise patients’ digital privacy in any way. What startups do with patient data matters regarding what legal liability or implications are placed on them. Example: If they sell data for a profit, it might come under California’s CCPA or the new CCRA regulations. There are a lot of hospitals getting hacked despite hiring IT teams to avoid these incidents. This is often because they outsource the IT work to another company, have an outdated privacy policy, and don’t discuss cybersecurity in board meetings. Besides the breach of privacy to patients, there is also a strong possibility that the hospital will be sued. Thus, hospitals need to hold themselves accountable, focus on data privacy and keep themselves up to date with the latest digital security compliances. She had cited a study in the 80s where people could connect even 1 or 2 data points to a single person. With the advancement of technology that is there now, it is even harder to remain completely anonymous. Thus, it is advisable to delete unnecessary patient data systems for clinical trials or purposes of research and development. A defence would arise only if there has been some substantial effort made or standard of care exercised by hospital management to curb these cybersecurity attacks, even if attacks have become increasingly sophisticated over the years. She had concluded with an interesting point: healthcare data is 3x more critical than financial data.    

FTC updates to Healthtech Privacy in USA – Darshan Talks Podcast

In this episode of Darshan Talks, Darshan Kulkarni and guest Krishna Jani have a discussion on Privacy and all the facets related to it. Krishna Jani, who is a Cybersecurity and Data Privacy Attorney at Flaster Greenberg PC. She is also involved in Litigation Department focusing her practice on complex commercial litigation. The conversation started on an interesting note about traveling, Covid restrictions, and rules of various countries wherein the countries had different standards of dealing with the situation, having respective approaches. This linked to the topic of privacy laws for example – the European method, where there is an overarching principle/code and each country does the same situation uniquely and this directly relates to privacy laws. FTC ( Federal Trade Commission) is a federal agency that formulates consumer protection, consumer education, anti-trust laws, and now privacy laws. The FTC has been the chief federal agency on privacy policy and enforcement since the1970s when it began enforcing one of the first federal privacy laws – the Fair Credit Reporting Act. Since then, rapid changes in technology have raised new privacy challenges. The agency uses law enforcement, policy initiatives, and consumer and business education to protect consumers’ personal information and ensure that they have the confidence to take advantage of the many benefits of the ever-changing marketplace. Privacy has now become the umbrella term as per the expert given under section 5 of the FTC Act describing as unfair trade practice. She elaborates on the enforceability of FTC regulations in privacy matters. Then they talked about the health applications (for example consumer data such as pregnancy, personal data of health problems, biometric data) emerging technology, and consumer privacy correlates with each other. She also spoke about the concept of data minimalization that states that data collected or processed should not be utilized unnecessarily and only if it’s essential for reasons that were clearly stated in advance to support data privacy.