Washington State University Settles Class Action Data Breach Lawsuit for $4.7 Million

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A $4.7 million settlement has recently been approved by the King County Superior Court to reimburse individuals whose personal information was stolen from Washington State University in April 2017.

Washington State University had backed up personal information on portable hard drives which were stored in a safe in a self-storage locker. On April 21, 2017, the university discovered a break-in had occurred at the storage facility and the safe had been stolen. The hard drives contained the sensitive personal information of 1,193,190 individuals. Most of the files on the hard drives were not encrypted.

The drives contained the types of information sought by identity thieves: Names, contact information, and Social Security numbers, in addition to health data of patients, college admissions test scores, and other information. The information dated back around 15 years and had been collected by the WSU Social and Economic Sciences Research Center for a research project.

While the hard drive was stolen, Washington State University maintains there are no indications any data stored on the devices have been accessed or misused. Some of the plaintiffs named in the lawsuit alleged they have suffered identity theft/fraud as a result of the breach, but the university maintains that such cases were not the result of the stolen hard drive. The decision was taken to settle the lawsuit to save money. The settlement, while high, is believed to be far lower than the continued cost of legal action.

In January 2019, a settlement of $5.26 million was agreed by the WSU Board of Regents. While the final settlement is lower, it does not include the cost of credit monitoring and identity theft protection services for individuals impacted by the breach. In addition to settlement amount, Washington State University will cover the cost of two years of credit monitoring and identity theft protection services for up to 1,193,190 patients impacted by the breach.

The final cost will depend on the number of individuals who submit claims. WHU will accept claims up to $5,000 from individuals impacted by the breach to cover out-of-pocket expenses and lost time, provided those costs can be proven. The fund for covering those claims is $3.5 million. If that total is exceeded, claim amounts will be reduced pro rata. Approximately $800,000 has been set aside to cover attorneys’ fees and a further $650,000 will cover administrative costs. Washington State University was covered by a cyber-liability insurance policy which will cover the settlement.

The university has also agreed to update policies and procedures and enhance security. Backup data will now be stored in a more secure location, data security assessments and audits will be regularly conducted, and additional training will be provided to staff. IT contracts in relation to the research project will be cancelled and those functions will be handled in house and archived data from the research project will be permanently destroyed.

The settlement highlights the importance of using encryption to protect stored data, especially data stored on portable electronic devices. In the event of loss or theft of a device, data cannot be accessed and such an incident would not be classed as a reportable breach.

Author: HIPAA Journal

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