What is a Data Breach?

A data breach is the unauthorized access, use, disclosure, or theft of sensitive, confidential, or personal information. Data breaches can occur when cybercriminals gain access to a system or database and steal or expose the information stored there. They can also occur when information is accidentally or improperly disclosed by an individual or organization.

Data breaches can have serious consequences, including financial losses, reputational damage, and legal liabilities. They can also have serious impacts on individuals whose information is compromised, including identity theft and other forms of fraud.

There are several ways that data breaches can occur, including through cyber attacks, such as hacking and ransomware, and through physical means, such as the loss or theft of a device containing sensitive information. To prevent data breaches, it is important for individuals and organizations to implement strong security measures, such as using strong passwords, regularly updating software and operating systems, and implementing controls to prevent unauthorized access to sensitive information.

data breach laws

There are various laws that protect against data breaches and provide consequences for individuals and organizations that fail to protect sensitive information. These laws vary by jurisdiction, but some common examples include:

1. The General Data Protection Regulation (GDPR) is a data protection law that applies to organizations in the European Union (EU) and European Economic Area (EEA). It requires organizations to protect personal data and to report certain types of data breaches to authorities and individuals affected by the breach.

2. The Health Insurance Portability and Accountability Act (HIPAA) is a law that applies to the healthcare industry in the United States. It requires organizations that handle protected health information (PHI) to implement safeguards to protect the privacy and security of PHI.

3. The Payment Card Industry Data Security Standard (PCI DSS) is a set of security standards that apply to organizations that handle payment card information. It requires organizations to implement measures to protect against data breaches and to report certain types of data breaches to authorities and card issuers.

In addition to these laws, many countries have their own data protection laws that apply to the collection, use, and storage of personal information. It is important for organizations to be aware of and comply with these laws to protect against data breaches and the potential consequences of such breaches.

Prevent Data Breach

There are several steps that individuals and organizations can take to prevent data breaches and protect sensitive information:

1. Use strong, unique passwords: Use strong, unique passwords for all accounts and devices, and regularly update them. Avoid using the same password for multiple accounts.

2. Enable two-factor authentication: Enable two-factor authentication, which requires the use of a second form of authentication in addition to a password, for all accounts and devices.

3. Keep software and operating systems up to date: Regularly update software and operating systems to ensure that the latest security patches are installed.

4. Use a firewall: Use a firewall to block incoming connections from known malicious sources.

5. Use antivirus software: Use antivirus software to identify and block malware, including ransomware.

6. Implement access controls: Implement controls to prevent unauthorized access to sensitive information, such as by requiring users to authenticate before accessing certain data or systems.

7. Regularly back up data: Regularly back up data and store it in a secure location to minimize the impact of a data breach.

8. Train employees: Train employees on the importance of data security and best practices for protecting sensitive information.

By implementing these measures, individuals and organizations can significantly reduce their risk of suffering a data breach and the potential consequences of such a breach.

HIPAA Modernization of Security Standards

HIPAA Modernization of Security Standards

The Health Insurance Portability and Accountability Act, better known (if not always spelled correctly) as HIPAA, was signed into law by President Bill Clinton in August 1996.

A lot has changed in the two decades since – in the ways consumers interact with health systems and the ways technology is transforming care delivery and the patient experience. So maybe it's time to give the privacy law a refresh, said the American Medical Informatics Association and the American Health Information Management Association.

WHY IT MATTERS

As access to personal health information is easier than ever, with smartphones now ubiquitous and apps and connected devices proliferating by the day, both AMIA and AHIMA have voiced support for HIPAA modernization.

In a joint appearance on Capitol Hill, in a presentation about unlocking data for patient empowerment, experts from the two groups highlighted how healthcare has a lot of catching up to do to serve a population used to online shopping, travel booking, review sites and more.

Webinar: The Future of Medicine: Protecting Privacy Without Impacting Quality of Care

Toward this vision of improved patient experience, AMIA and AHIMA said U.S. policymakers should take steps to update HIPAA to enable greater data access and portability – something that looks more likely than it did even a few months ago.

It could be done in a couple different ways, they said. First, potentially, by establishing a new concept of a health data set, with that HDS comprising all the clinical, biomedical and claims data maintained by a covered entity or business associate.

Another option is to revise HIPAA's existing "designated record set" definition, requiring certified health IT products to provide that amended DRS to patients digitally – enabling in a way that enables them to use and reuse their data.

They explained that a new definition for HDS would support individual HIPAA right of access and guide the future development of ONC's Certification Program so individuals could view, download, or transmit to a third party this information electronically and access this information via application programming interface.

Revising the existing DRS definition, meanwhile, offer more clarity and predictability for both providers and patients, AMIA and AHIMA said.

THE LARGER TREND

Even as the availability and maturity of consumer technology has improved, "more than two decades after Congress declared access a right guaranteed by law, patients continue to face barriers," said Dr. Thomas Payne, medical director, IT Services at UW Medicine. "We need a focused look at both the technical as well as social barriers."

AMIA and AHIMA called a broader conversation regarding consumer data privacy, and called on Congress to "extend the HIPAA individual right of access and amendment to non-HIPAA Covered Entities that manage individual health data, such as mHealth and health social media applications. The goal is uniformity of data access policy, regardless of covered entity, business associate, or other commercial status."

Moreover, the groups said regulators should clarify existing regulatory guidance related, for example, to third-party legal requests, such as those by lawyers looking for information without appropriate patient permissions.

ON THE RECORD

"Congress has long prioritized patients' right to access their data as a key lever to improve care, enable research, and empower patients to live healthy lifestyles," said Dr. Doug Fridsma, president and CEO and AMIA. "But enacting these policies into regulations and translating these regulations to practice has proven more difficult than Congress imagined."

"AHIMA's members are most aware of patient challenges in accessing their data as they operationalize the process for access across the healthcare landscape," said AHIMA CEO Wylecia Wiggs Harris, in a statement. "The language in HIPAA complicates these efforts in an electronic world."