The Federal Trade Commission (FTC) recently issued a rule which gives more scope to the data breach notification rules as part of the Health Insurance Portability and Accountability Act (HIPAA). The addition targets companies that provide health info in an online storage facitlity. Things like Google Health or Healthvault would fall under this category.
This seems like it should be an obvious thing to do. Why would you let any entity keep your health information without following strict regulatory requirements? It is definitely a good thing to force companies that keep your health information to notify consumers following a data security breach if the breach involves more than 500 people or even 5 people. The question is how do you track down all these companies that store health information and force the the company notify customers? How do you know when a smaller companay has lost information? We still struggle with this question for the hospitals and healthcare organizations that currently have to comply with the HIPAA regulations or the Hipaa Security Rule. CVS recently had to pay $2.5 million in fines. I wonder what that is in comparison to the cost to consumers who have problems with their data being stolen. (I wouldn’t use the term “lost”)
Part of the changes coming from the FTC is the utilization of mobile devices that capture, use, transmit and store data. What are the hospital security requirements of these devices? Does a mobile hand scanner or a mobile device that stores info have to have a built in firewall and antivirus as would a laptop? The only real way to deal with this is to conduct Hipaa Risk Assessment but how many companies actually do it properly?
Have you seen the list of breaches on Privacyrights.org? I like this recent one in particular. You cant find such a list on the FTC site.
“ July 31, 2009 Jackson Memorial Hospital: (Miami, FL) A Miami man was charged with buying confidential patient records from a Jackson Memorial Hospital employee over the past two years, and selling them to a lawyer suspected of soliciting the patients to file personal-injury claims.”
Is every company required to do network security assessment and register their device if it captures, uses, transmits any kind of health information? Is any website that does the same required to register with the FTC? But I wonder if you had such as database and hackers got into it, how much more trouble would we be in? Check out our HIPAA Top 5 Steps to Compliance for some fun reading.
I do not think I came to any real conclusions with this post. Isn’t blogging wonderful?Gary Bahadur
Gary Bahadur
http://www.kraasecurity.com
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Miami, Fl
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The Associated Press reported that a Williams Cos. Inc. laptop containing personal and compensation information was stopen from a workers vehicle. The laptop had over 4,400 current and former employees records. Information like names, birth dates, Social Security numbers and compensation data was on it. How many times have wee seen this story?
They said the laptop was password protected. Well then lets not worry eh? A password, run for Ze Hillz! They did not say whether other security measures like application security risk assessment and network security audit tools were used in place other than the PGP Whole Disk encryption , or of any kind of remote wiping utility was in place or even if a hard disk password was used. The people with stolen data can only hope this might be the case.
So not we have the hoke pokey dance of checking credit, getting free one year membership to credit monitoring, buring down the barn now that the horse was stolen, all that good stuff.
Here is a list fo some recent thefts
| records | date | organizations |
|---|---|---|
| 1,084 | 2009-08-06 | Colorado Department of Corrections |
| 131,000 | 2009-08-04 | United States Army National Guard |
| 1,000 | 2009-08-04 | New Hampshire Department of Corrections |
| 4,400 | 2009-07-31 | Williams Companies, Inc. |
| 766 | 2009-07-28 | University of Colorado CO Springs |
| 573,928 | 2009-07-25 | Network Solutions |
| 900 | 2009-07-24 | Hampton Redevelopment and Housing Authority |
| 1,000 | 2009-07-23 | American International Group (AIG), American Life Insurance Co Japan |
| 180,000 | 2009-07-22 | HSBC Holdings plc, HSBC Life |
| 1,917 | 2009-07-22 | HSBC Holdings plc, HSBC Actuaries |
The main problem with these events is that the user is uneducated when it comes to security and don’t bother to go for a security penetration test or information security risk assessment. No matter what kind of technology you put in place, the user can find a way around it to compromise your security. First educate them, then worry about technology to protect them from their own stupidity.
Gary Bahadur
http://twitter.com/kraasecurity
o:888-KRAA-911, c: 917-568-7917, f: 866-633-6601
Address: 20801 Biscayne Blvd, Suite 403, Aventura, FL 33180
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