Secure Your Operations
Move quickly to secure your systems and fix vulnerabilities that may have caused the breach. The only thing worse than a data breach is multiple data breaches. Take steps so it doesn’t happen again.
- Secure physical areas potentially related to the breach.
Lock them and change access codes, if needed. Ask your forensics
experts and law enforcement when it is reasonable to resume regular
operations.
Mobilize your breach response team right away to prevent additional data loss. The exact steps to take depend on the nature of the breach and the structure of your business.
Assemble a team of experts to conduct a comprehensive breach response.
Depending on the size and nature of your company, they may include
forensics, legal, information security, information technology,
operations, human resources, communications, investor relations, and
management.
- Identify a data forensics team. Consider hiring
independent forensic investigators to help you determine the source and
scope of the breach. They will capture forensic images of affected
systems, collect and analyze evidence, and outline remediation steps.
- Consult with legal counsel. Talk to your legal
counsel. Then, you may consider hiring outside legal counsel with
privacy and data security expertise. They can advise you on federal and
state laws that may be implicated by a breach.
Stop additional data loss. Take all affected
equipment offline immediately — but don’t turn any machines off until
the forensic experts arrive. Closely monitor all entry and exit points,
especially those involved in the breach. If possible, put clean machines
online in place of affected ones. In addition, update credentials and
passwords of authorized users. If a hacker stole credentials, your
system will remain vulnerable until you change those credentials, even
if you’ve removed the hacker’s tools.
Remove improperly posted information from the web.
- Your website: If the data breach involved
personal information improperly posted on your website, immediately
remove it. Be aware that internet search engines store, or “cache,”
information for a period of time. You can contact the search engines to
ensure that they don’t archive personal information posted in error.
- Other websites: Search for your company’s exposed
data to make sure that no other websites have saved a copy. If you find
any, contact those sites and ask them to remove it.
Interview people who discovered the breach.
Also, talk with anyone else who may know about it. If you have a
customer service center, make sure the staff knows where to forward
information that may aid your investigation of the breach. Document your
investigation.
Do not destroy evidence. Don’t destroy any forensic evidence in the course of your investigation and remediation.
| Covered entities and business associates, as applicable, have the burden of demonstrating that all required notifications have been provided or that a use or disclosure of unsecured protected health information did not constitute a breach. Thus, with respect to an impermissible use or disclosure, a covered entity (or business associate) should maintain documentation that all required notifications were made, or, alternatively, documentation to demonstrate that notification was not required: (1) its risk assessment demonstrating a low probability that the protected health information has been compromised by the impermissible use or disclosure; or (2) the application of any other exceptions to the definition of “breach.” Covered entities are also required to comply with certain administrative requirements with respect to breach notification. For example, covered entities must have in place written policies and procedures regarding breach notification, must train employees on these policies and procedures, and must develop and apply appropriate ...read more |
| The HIPAA Breach Notification Rule, 45 CFR §§ 164.400-414, requires HIPAA covered entities and their business associates to provide notification following a breach of unsecured protected health information. Similar breach notification provisions implemented and enforced by the Federal Trade Commission (FTC), apply to vendors of personal health records and their third party service providers, pursuant to section 13407 of the HITECH Act. ...read more |
| Following a breach of unsecured protected health information, covered entities must provide notification of the breach to affected individuals, the Secretary, and, in certain circumstances, to the media. In addition, business associates must notify covered entities if a breach occurs at or by the business associate. Individual Notice Covered entities must notify affected individuals following the discovery of a breach of unsecured protected health information. Covered entities must provide this individual notice in written form by first-class mail, or alternatively, by e-mail if the affected individual has agreed to receive such notices electronically. If the covered entity has insufficient or out-of-date contact information for 10 or more individuals, the covered entity must provide substitute individual notice by either posting the notice on the home page of its web site for at least 90 days or by providing the notice in major print or broadcast media where the affected individuals ...read more |
| Following a breach of unsecured protected health information, covered entities must provide notification of the breach to affected individuals, the Secretary, and, in certain circumstances, to the media. In addition, business associates must notify covered entities if a breach occurs at or by the business associate. Individual Notice Covered entities must notify affected individuals following the discovery of a breach of unsecured protected health information. Covered entities must provide this individual notice in written form by first-class mail, or alternatively, by e-mail if the affected individual has agreed to receive such notices electronically. If the covered entity has insufficient or out-of-date contact information for 10 or more individuals, the covered entity must provide substitute individual notice by either posting the notice on the home page of its web site for at least 90 days or by providing the notice in major print or broadcast media where the affected individuals ...read more |
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Blog Home
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1/21/25 Healthcare Data Breaches and Their Devastating Impact
1/21/25 Your Essential Guide to Data Breach Reporting Procedures
1/21/25 Understanding Your Obligations in Data Breach Reporting
11/16/22 Administrative Requirements and Burden of Proof
11/16/22 Notification by a Business Associat
11/16/22 Breach Notification Requirements
11/16/22 Unsecured Protected Health Information and Guidance
11/16/22 Guidance to Render Unsecured Protected Health Information Unusable, Unreadable, or Indecipherable to Unauthorized Individuals
11/16/22 Definition of Breach
11/16/22 Breach Notification Rule
11/16/22 Notify Individuals
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