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Old August 13th, 2017, 08:16 AM #101
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esqappellate esqappellate is offline
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Originally Posted by montoya32 View Post
So they acknowledge the breach and say, "sorry"? That doesn't seem sufficient to me. Does it?

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They did a bit more than that. They reached out to the receiptant and asked for and received assurances that the release was destroyed. They say that have taken unspecified steps to ensure it doesn't happen again. The statute does not provide for a penalty. I personally would like it if the persons responsible could be drawn and quartered, but that seems, on reflection, a little extreme. If a disclosed person suffered damages, they could try to sue MD under the State Tort Claims Act (maybe), but they did pretty much everything a court could otherwise order them to do, save individual notification of the breach. Feel free to suggest that course of action. My focus was to highlight the error and make sure it didn't happen again. That seems to be accomplished.

This may sound like legal advice, but it isn't. Don't rely on it. Hire your own counsel.
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