Employee Failed to Show Substantial Risk of Identity Theft; 2nd Circuit Affirms Dismissal

October 6, 2021 | Strategic Insights for Health System


An internal email accidentally sent personally identifiable information of many current and former employees of a behavioral health service provider to all current employees. In a case brought by several individuals whose information was disclosed, the U.S. Court of Appeals for the Second Circuit has affirmed dismissal of the case.

A spreadsheet containing sensitive personally identifiable information for 130 current or former employees was attached to the email. The information included social security numbers, dates of birth, home addresses, telephone numbers, educational degrees, and hire dates. The email was sent to all employees—about 65 people. Two weeks later, the provider emailed its current employees about the accidental disclosure. However, the provider did not contact former employees. It took no...

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