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Data Privacy and Cybersecurity Alert: Significant data breach class action ruling

In the first data breach class action of its kind in Michigan, the Court of Appeals has held that a plaintiff must show that the defendant intended to publicly disclose private facts in order for a claim of invasion of privacy to prove successful. In Jane Doe v Henry Ford Health System, Nos. 317973, 317975, Wayne County Circuit Court Case No. 12-001649-NO, a patient of Henry Ford filed a class action lawsuit against the health system and its transcription service providers after the service provider changed a configuration on the Henry Ford server resulting in hundreds of patients’ (including the plaintiff’s) protected health information (PHI) being made publicly available through search engines on the Internet.