Security and privacy cut across a number of legal frameworks
within the USA. There is a good deal of general legislation and guidelines that
cover data protection and privacy and some that are more focused on healthcare.
The USA has a mosaic approach to data protection with no overarching federal
law to cover the security issues surrounding personal information. There are
two main areas of healthcare legislation that cover the protection of personal
data or protected health information (PHI): the Health Insurance Portability
and Accountability Act (HIPPA), and Health Information Technology for Economic
and Clinical Health (HITECH).
The two acts work in unison to cover the security expectations of the whole
healthcare eco-system, extending outwards to healthcare providers business
associates. Together, the acts set requirements to disclose data breaches,
which are:
HIPAA Breach Notification Rule, 45 CFR §§ 164.400-414: The
rule requires that any breach of PHI must be disclosed to both patients and the
government (breach meaning unauthorized data being used or disclosed). There
are some nuances around the formal classification of a breach, but with the
introduction of the HIPPA “omnibus rule,” which requires a risk assessment to
set a breach as “low probability” for exposure, the chances are you have to
declare the breach.
HITECH, Section
13407 is enforced by the Federal Trade Commission (FTC). The act
allows the data protection rules to be extended to all entities not
specifically covered by HIPPA: for example, extended business associates of
healthcare providers, business associates being anyone, such as contractors and
sub-contractors who are involved in any health-related data handling. One of
the stipulations of the ruling is that for a breach involving more than 500
users you also must inform the media.
Security awareness in healthcare cuts across many layers. As
well as the legislative drivers that demand security awareness, a healthcare
team approach to security is driven by:
Ethics: Healthcare has by definition a layer of
ethics attached to the practice. Healthcare data and in particular PHI are part
of the ethical layer that all of us expect to be respected. We all, at some
point, share health information with medical practitioners, so there is a
personal element to the ethics of data protection as well as an organizational
benefit.
Risky behavior is very common: A study by Cisco found
that risky security behavior was almost the norm in an organization, with many
respondents admitting to putting data at risk at work. Improvement of behavior
towards security as an issue is a key selling point, especially to C-level
executives who need to oversee a company-wide security strategy.
Benefits of security awareness: The whole
organization and individuals benefit from being security-aware. Individuals
workers can “do their bit” by thwarting cyber-attacks. As cyber-threats against
healthcare become more prevalent, the inclusion of all into the security
equation is ever more important.
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