- 1798.100 – Consumers right to receive information on privacy practices and access information
- 1798.105 – Consumers right to deletion
- 1798.110 – Information required to be provided as part of an access request
- 1798.115 – Consumers right to receive information about onward disclosures
- 1798.120 – Consumer right to prohibit the sale of their information
- 1798.125 – Price discrimination based upon the exercise of the opt-out right
37-2021-00026415-CU-BC-CTL
Date Filed
June 17, 2021
Sector
Case Number
37-2021-00026415-CU-BC-CTL
Court
Superior Court of San Diego
Plantiff(s)
Barlew, et al.
Allegation
Putative class action against a healthcare provider. Defendant is alleged to have failed to take adequate security measures (including adequate vetting of the Defendant's IT service provider) to protect individuals' personal and medical information (including names, social security numbers or other government identification numbers, financial account numbers, dates of birth, medical diagnosis or treatment information, health insurance information, and/or client identification numbers) from unauthorized access. Defendants became aware of a data breach on or about April 12, 2021. Data breach is alleged to have occurred in late September 2020 and files obtained by an unauthorized third party between October 22, 2020 to December 3, 2020.
Complaint alleges a violation of the CCPA § 1798.100, et seq.: failure to implement and maintain reasonable security measures sufficient to protect individuals' personal and medical information. Plaintiffs also bring various claims for negligence, negligence per se, breach of implied contract, breach of implied covenant of good faith and fair dealing, unjust enrichment, violations of CA's Unfair Competition Law (Cal. Bus. & Prof. Code § 17200, et seq.), violations of CA's Customer Records Act (Cal. Civ. Code §§ 1798.82, et seq.), and violations of CA's Confidentiality of Medical Information Act (Cal. Civ. Code § 56, et seq.)