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 must only provide the required notifications if the breach involved unsecured protected health information. Unsecured protected health information is protected health information that has not been rendered unusable, unreadable, or indecipherable to unauthorized persons through the use of a technology or methodology specified by the Secretary in guidance. This guidance was first issued in April 2009 with a request for public comment. The guidance was reissued after consideration of public comment received and specifies encryption and destruction as the technologies and methodologies for rendering protected health information unusable, unreadable, or indecipherable to unauthorized individuals. Additionally, the guidance also applies to unsecured personal health record identifiable health information under the FTC regulations. Covered entities and business associates, as well as entities regulated by the FTC regulations, that secure information as specified by the guidance are relieved from providing notifications following the breach of such information. ...read more |
| 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 |
| A breach is, generally, an impermissible use or disclosure under the Privacy Rule that compromises the security or privacy of the protected health information. An impermissible use or disclosure of protected health information is presumed to be a breach unless the covered entity or business associate, as applicable, demonstrates that there is a low probability that the protected health information has been compromised based on a risk assessment of at least the following factors: The nature and extent of the protected health information involved, including the types of identifiers and the likelihood of re-identification;The unauthorized person who used the protected health information or to whom the disclosure was made;Whether the protected health information was actually acquired or viewed; andThe extent to which the risk to the protected health information has been mitigated.Covered entities and business associates, where applicable, have discretion to provide the required breach notifications following an impermissible ...read more |
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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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