Health Care Data Protection Changes from the Feds Will Filter to States

  • Improving Health Information Technology Act (S. 2511)
    • electronic health records interoperability
    • establishing a medical device postmarket surveillance system
    • loyal subscribers will recall the hacking of medical devices
  • Ranking Member Patty Murray’s amendment to S.1878
    • medical device data safety and effectiveness
    • how do we keep consumers aware of medical device data security issues?

Healthcare IT | How Recent Senate HELP Bills Affect Healthcare Data Security

INTERIM. 98% of health care data breaches caused by…

…hackers. Yes, that’s right 98% of the data breaches in 2015 that occured in health care were initiated by hackers.

That’s an 80% increase over 2014.

What is the intent of the hackers that seek health care information? 

  •  identity theft
  •  leverage the health care data to access medical care
  •  conduct corporate extortion 

AJMC.com | Cyberattack on Hollywood Hospital Part of a Growing Trend

Data Security Trend: Health Data Held Hostage for Ransom. Is it a crime?

The question for Texas, does holding business data hostage constitute a crime?

Where did data get held hostage? In California

How was the data held hostage? “malicious “ransomware” application to encrypt data on the hospital’s computer system, demanding payment in exchange for a decryption key” 

What type of business?  Hollywood Presbyterian Medical Center  patient input information 

What did the hackers want? $17,000 worth of bitcoin was paid to retrieve an encryption…

Legal Trend: Court Says Data Breach Is a Recognizable Injury for Lawsuit. The Case, a Health Care Lawsuit. 3 Bits Informed Intel.

What class action is progressing?  The suit involving the Anthem Inc. health breach that affected 97 million.

What did the judge do that allowed the class action to move forward? Rejected Anthem’s argument that a data breach is not a recognizeable injury

What does this mean? Courts have split on whether a data breach, with no proof that the stolen data has been used to cause a harm, is enough of an injury to satisfy a lawsuit. The California Judge’s order says it is enough of an injury…

January 28th: Data Privacy Day. 10 Data Security Trends for 2016.

  • Fitbits will get hacked.
  • The E.U. and U.S. fight on datat security will continue
  • Businesses should have data security policy & do risk assessments
  • Data Security will be guided by industry specific standards 
  • Telephone Consumer Protection Act will be a new source of data security lawsuits
  • Company issued electronic devices vs. personal electronic devices means more now that we’re in the age of data security
  • Curate and protect your social media like you do your health data from your…

INTERIM Lege Trend: Creating a Privacy and Consumer Protection Committee

California Assembly has a new committee to handle privacy and technology issues. What’s the committee jurisdiction?

  • drones
  • data security & breaches including in health care
  • Smart cities that use technologies to communicate with residents
  • security of networks
  • oversight of state computer data security

The Recorder | Calif. Lawmaker Forecasts Busy Year in Privacy

INTERIM. Home of the Ducks is now Home of Data Security. 5 Bits of Informed Intel from a new Data Security State Law.

  • data breach defined in new Orgegon law as:
    • “an unauthorized acquisition of computerized data that materially compromises the security, confidentiality or integrity of personal information that a person maintains.”
  • personal information that triggers the notification statute
    • ​Social Security number;
    • Driver license number or state identification card number issued by the Department of Transportation;
    • Passport number or other United States issued identification number;…

INTERIM. Lege Trend: Data Security Proposal. 3 Points to Know Now.

What kind of data breach triggered data breach law changes in Maine?  A health care data breach affecting 120,000.

What requirements does the legislator weant? Extended credit monitoring & fraud protection services requirement to total 2 years.

Are these legislative changes from a chairman? Yes, the Maine legislator behind this push is the House chairman of the Insurance and Financial Services Committee.

Kennebec Journal| Waterville legislator seeks more protection for victims of…

INTERIM. 8 Elements of Data Security Laws & Regulations.

  • Data Breach Definition.
    • What data was breached?
    • The level of knowledge the data holder must have of the breach before notification is triggered. Did they know? Is it reasonable that this data was breached?
  • How to treat good faith access to data by an unauthorized employee
  • How to treat the breach of account creditial information.
    • user name, passwords, and security questions
  • Timing.
    • ​When must notification be given?
  • How to treat data processors, people who hold the data but…