Fix Vulnerabilities
Think about service providers. If service providers
were involved, examine what personal information they can access and
decide if you need to change their access privileges. Also, ensure your
service providers are taking the necessary steps to make sure another
breach does not occur. If your service providers say they have remedied
vulnerabilities, verify that they really fixed things.
Check your network segmentation. When you set up
your network, you likely segmented it so that a breach on one server or
in one site could not lead to a breach on another server or site. Work
with your forensics experts to analyze whether your segmentation plan
was effective in containing the breach. If you need to make any changes,
do so now.
Work with your forensics experts. Find out if
measures such as encryption were enabled when the breach happened.
Analyze backup or preserved data. Review logs to determine who had
access to the data at the time of the breach. Also, analyze who
currently has access, determine whether that access is needed, and
restrict access if it is not. Verify the types of information
compromised, the number of people affected, and whether you have contact
information for those people. When you get the forensic reports, take
the recommended remedial measures as soon as possible.
Have a communications plan. Create a comprehensive
plan that reaches all affected audiences — employees, customers,
investors, business partners, and other stakeholders. Don’t make
misleading statements about the breach. And don’t withhold key details
that might help consumers protect themselves and their information.
Also, don’t publicly share information that might put consumers at
further risk.
Anticipate questions that people will ask. Then, put
top-tier questions and clear, plain-language answers on your website
where they are easy to find. Good communication up front can limit
customers’ concerns and frustration, saving your company time and money
later.
| 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 |
| In today's digital landscape, data breaches are an unfortunate reality that businesses of all sizes must contend with. A single security lapse can lead to significant financial losses, reputational damage, and legal headaches. While prevention is paramount, having a clear and well-defined data breach reporting procedure is crucial for minimizing the fallout when the inevitable happens. This article will guide you through the essential steps your business needs to take. Why a Solid Breach Reporting Procedure is Non-Negotiable Data breaches are not just a concern for large corporations; they affect small and medium-sized businesses (SMBs) just as much, if not more so. A robust reporting procedure serves multiple critical purposes: Compliance with Regulations: Various data privacy regulations, like GDPR, CCPA, and others, mandate specific reporting timelines and requirements. Failure to comply can result in hefty fines and legal action.Minimizing Damage: Swift and decisive action can significantly limit the scope ...read more |
| 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 |
| If a breach of unsecured protected health information occurs at or by a business associate, the business associate must notify the covered entity following the discovery of the breach. A business associate must provide notice to the covered entity without unreasonable delay and no later than 60 days from the discovery of the breach. To the extent possible, the business associate should provide the covered entity with the identification of each individual affected by the breach as well as any other available information required to be provided by the covered entity in its notification to affected individuals. ...read more |
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Blog Home
Newest Blog Entries
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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