Vigil

BACKGROUND

I. The Data Breach and Vigil’s Complaint Muir is an independent practice association that consists of primary care and specialty care providers that provide medical services to patients through the John Muir Health system. In May 2018, Ute Burness, Chief Executive Officer of Muir, notified certain patients that their personal information may have been involved in a data breach that occurred in December 2017. According to Burness, Muir discovered in March 2018 that a former employee took with her certain information in the possession of Muir before her employment ended with Muir (the data breach). The letter stated that Muir conducted an investigation, and “there is no evidence to date that your personal information has been misused in any way.”2 Vigil was one of the patients

The trial court granted Muir’s motion to file under seal some portions of the class certification papers and the supporting evidence. Accordingly, we will not divulge the content of the sealed portions of the record (Cal. Rules of Court, rule 8.46(b)(1)), which largely concern Muir’s internal investigation of

2 who received this notice. Muir later admitted that the former employee, Myrissa…