If the threat of a data breach at your business has not moved you to action before now, the recent deluge of headlines regarding breaches and cyber attacks at healthcare facilities and retail businesses should be getting your attention. In fact, earlier this year, the FBI took the step of issuing a Private Industry Notification stating that the healthcare industry “is not technically prepared to combat against cyber criminals’ basic cyber intrusion tactics, techniques and procedures, much less against more advanced persistent threats.” 

The New Jersey Supreme Court is currently considering the scope of the Charitable Immunity Act and its application to hospitals and medical facilities offering charity services. At issue in the case is the applicability of two statutes under the Charitable Immunity Act: N.J.S.A. 2A:53A-7 and -8. Under Section 7, nonprofit entities organized exclusively for religious, charitable, educational, or hospital purposes cannot be held liable for negligence where the person injured is a beneficiary of these services.