Ninth Circuit

Ninth Circuit: Breach Of Confidence Confers Standing In Health Data Security Case

Claire E. Castles, Amanda Fitzsimmons, Nathaniel P. Garrett, Rebekah Byers Kcehowski, Mary Alexander Myers, and Alexander H. Southwell of Jones Day write: Departing from the risk-based approach many courts have applied since TransUnion, and in tension with other circuits, the Ninth Circuit held that health plan participants whose confidential health information was disclosed without authorization.