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US Health Insurer Premera Blue Cross Accused of Destroying Evidence in Data Breach Lawsuit (zdnet.com)
Catalin Cimpanu, reporting for ZDNet: The plaintiffs of a class-action lawsuit against health insurance provider Premera Blue Cross are accusing the organization of "willfully destroying" evidence that was crucial for establishing accurate details in a security breach incident. In court documents filed last week obtained by ZDNet, plaintiffs claim that Premera intentionally destroyed a computer that was in a key position to reveal more details about the breach, but also software logs from a security product that may have shown evidence of data exfiltration. Establishing if hackers stole data from Premera's systems is crucial for the legal case. Breach victims part of the class-action will be to claim a right for monetary compensation, while Premera may argue that since hackers did not steal data from its servers, there is no tangible harm to victims. The class-action lawsuit is in connection to a March 2015 announcement. Back then, Premera announced that hackers breached its systems and gained access to computers holding the personal and medical data of over 11 million Americans.
Insurance companies are leaches on society. Are you really surprised they'd engage in such behavior?
Ok, I get it. The article says, "Breach victims part ...". I thought the word "victims" was a noun, and "part" was a verb, as in the victims were parting from something.
The word [victims] here should be [victims'] (with an apostrophe after the word, meaning possessive). So [Breach victims] describes the noun "part". So the article means "the part of the lawsuit that belongs to the breach victims".
Here in WA, my employer used them and after a little over two years, they hadn't paid out a single claim. My company sued them, and somehow they lost all of the claims. The judge said even though we had copies of claims FAXed to them and sign-offs from employees of doctors that FAXed the claims, we couldn't prove we had ever filed a claim. Really? Over two hundred employees for over two years never filed a claim for themselves or the dependents we were paying coverage for?
1.) Ok, you can get call records from the phone company with SMDR details (difficulty high)
2.) Hunt down ex-employees that know details of your employees getting shafted
3.) Get class action status of Bad Faith insurance
4.) Pierce corporate veil and put liens on CEO of the times personal property or trusts
Hard to believe zero claim payouts, as even one or a handful of payouts would be enough for plausible deniability so these are imbeciles if corporate America !
Cyber security lawsuit is more tenuous than bad faith of insureds paying in.
http://www.aisnota.com/slashdot/ Welcome to Logic and the Future
... the brain trust that mysteriously determined the Premera breach was nation-state after the FBI concluded it was organized crime- which would have made Premera liable. I'm *sure* CS had the so-called evidence to support that, including where the exfiltrated data went.
CS is a garbage outfit, don't trust a single thing they say. These geniuses also famously called the DNC hack "nation state" before Guccifer 2.0 was arrested, and declared GA's election system was hacked by Russia in 2016... about a day before it was revealed that it was a scheduled DHS pentest. You can still find the original reports on the wayback machine.
And don't bring politics into it, you'll embarrass yourself. Everyone involved with Premera, Crowdstrike and the coverup were all huge Dem donors.
I used to work for a Blue Cross Blue Shield in another state, and can vouch for the shitty computer security there too. When the CISO started bringing the issues to the attention of the CIO, I have no idea why they had him report to her, she tried to force him to lie to the board of directors about the state of things. When he refused, she pit him, a CISO, under the management of a "senior manager" that would tell the board what she wanted them told. The CISO left when that happened and now the "senior manager" is now the CISO with no computer security experience.
If it can be shown that evidence was deliberately destroyed (and yeah, that's the hard part), then there's generally a legal presumption that the evidence showed the worst possible interpretation of the case for the party which destroyed (else why destroy it?).
Of course when the evidence that they destroyed evidence has also been destroyed, and the evidence of that has been destroyed... well, you get the idea.
-- Alastair
That's not the only odd part. Even after reworking that part, there's this one:
Will be insert verb hereing to claim? The goal of the plaintiffs will be to claim?
captcha: abuses (of language)
I can say that I firmly believe that they would actively delete records like this; They were that sort of people in my opinion and from what I actually saw every day that actively violated HIPPA and other requirements, I'm not surprised by this at all.
For nearly ten years before I retired BCBS was the insurance vendor for where I worked.
After I retired I switched to their supplement plan. Four years later, even though my wife and I had made few claims, which they were very slow paying, if at all, we got a notice saying that our "group" was being canceled. So we contracted with another supplement vendor. Three months later BCBS sent us an ad telling about a new policy, which was exactly like the policy they dropped, except that it cost about 50% more. We have received several ads from them since but all are immediately sent to file 13.
Running with Linux for over 20 years!
Fine them for 11,000,000 HIPAA breaches, each of which is valued at a minimum of $100 and a maximum of $50,000. Also charge the people who ordered the destruction with obstruction of justice.
people should go to jail in these cases
Timeline:
- 2014, the OPM warning
- 2015, Premera announces breach
- 2015, Lawsuits filed
- 2016, One computer destroyed for end-of-life
- 2018, Plaintiffs ask for all computers *** This motion makes all computers "evidence"
- 2018, Premera gives all but destroyed
I can destroy my desktop today. It can be crucial to a lawsuit tomorrow. Today it is not evidence. It isn't evidence tomorrow, either, because I destroyed it today.
I am not compelled to preserve my desktop until served notice.
Timing is everything.
It little behooves the best of us to comment on the rest of us.
I've worked at places that use an insanely short email retention policy to get out of e-discovery in lawsuits. One place had a 30-day retention..anything older than that and, "la la la, we have no record of the email you are attempting to recover." And apparently that works, if you have a written policy stating that you don't keep email or backups for more than X days.
But, couldn't any company just send all their computers to the metal shredder the second a lawsuit is filed using the same argument? Maybe that's how they're planning on hiding how bad their data breach was. Somehow I doubt that though...if there were no rules against destroying evidence, every computer would have a self-destruct circuit in it.
Of course no one knows what actually happened, but this totally reads like some clueless CIO getting pressure from the board and CEO to just make the problem disappear.
Until the entire board of directors and everyone with a C*O in their title goes to prison for shit like this, nothing will change in the corporate world. Pissy little fines that barley make a blip on the bottom line will do nothing, and that's probably all that will happen AGAIN.
--- Keep the choice with the user..
in prison the state pays the doctor with no claim bs.
Some doctors like it same pay + much less paper work.
A corparation can only be trusted to do whatever is in its best interest. Even If there are no psychopaths in its top management. The committee will always choose to do what is best for the company no matter what the law is. Its one of the reasons we need more regulation in this country. Several generations of US citizens have now been convinced that government regulation is bad. They have been convinced of this to preserve the bottom line of companies whose management closely resembles the communist party of Russia. Look at how they elect their leaders and who decides who is on the boards. Doesn't look like democracy in any way.
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