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Data Breach

Medical identity theft and electronic health care records: risks and solutions

Executive Director Pam Dixon will be speaking this Friday at the National Association of Healthcare Journalists about electronic records, and the risk of medical identity theft and other risks that arise from data breaches of medical records. Dixon's talk will cover new research, as well as discuss potential solutions to ...

Some Californians receive emails from health insurer with personal details exposed: potential CalINDEX implications?

This week the New York Times reported that some California members of health insurer Anthem Blue Cross received disturbing emails with exposed subject lines related to their sensitive medical information. From the article: " But the emails’ subject lines included member-specific demographic details like age range and language. They also ...

Consumer Alert -- Home Depot data breach info: how to sign up for free credit monitoring

If you have purchased items with a credit or debit card at the Home Depot from April 2014 onward, your credit and debit cards have been subject to a security breach. Home Depot is offering one year of free credit monitoring through All Clear ID Pro. Because there is already known fraud stemming from this breach, WPF encourages breach victims to sign up for the free credit monitoring. Here's how to sign up ….

California issues first statewide breach report

Data breach -- The state of California issues a first-ever statewide data breach report. In 2012, 2.5 million Californians had their data breached. Of those breached, the study found that The report found that "1.4 million Californians would have been protected if companies had encrypted data when moving or sending the data out of the company’s network."

US Department of Health and Human Services fines Arizona provider $100,000 for HIPAA violations

In a rare enforcement action of HIPAA, HHS fined an Arizona health care provider $100,000 for a variety of HIPAA violations, especially regarding electronic exchanges of protected health information. The HHS document outlining the reasons for the fine should act as a wake-up call to health care providers using public email, calendaring, and other tools for communication of ePHI. HHS specifically noted that the fined health care provider did not conduct an adequate risk assessment prior to using the email and Internet tools. The full HHS document is a must-read for health care providers. WPF has been warning about the need for full e-risk assessments since 2005 and strongly advocates for medical-identity-theft-specific risk assessments.

WPF requests more information about Ceridian data breach and the FTC complaint process

Data breach -- The World Privacy Forum filed comments with the Federal Trade Commission regarding its consent decree against Ceridian regarding a substantial data breach. WPF has requested that the Commission present more facts in the case to the public, and has also requested more clarity about the FTC complaint process, noting that it is not a transparent process for the public.

Public Comments: May 2011 - WPF requests more information about Ceridian data breach and the FTC complaint process

The World Privacy Forum filed comments with the Federal Trade Commission regarding its consent decree against Ceridian regarding a substantial data breach. WPF has requested that the Commission present more facts in the case to the public, and has also requested more clarity about the FTC complaint process, noting that it is not a transparent process for the public.

GSK Breach Letter

Consumers receive breach letters -- Pharmaceutical manufacturer GSK, maker of drugs Paxil, Boniva, Advair, and many others, sent a letter to consumers who had registered on one or more of its product websites. Due to the Epsilon data breach, registrants' names, email, and the product they registered for was breached. Information people give to a company via a pharmaceutical product web site such as this is not usually covered under HIPAA. See our Patient's Guide to HIPAA for more on what is covered under HIPAA and what is not. WPF recommends that consumers use a "throwaway" or temporary email address if deciding to register at a Pharmaceutical product web sites.

Medical data breach rule needs more work; World Privacy Forum files comments with HHS requesting changes

Data Breach | HHS HITECH Breach Notification -- The World Privacy Forum filed comments on the HHS data breach rulemaking and asked for substantive changes in several areas. In particular, WPF asked HHS to expressly state a requirement for a breach risk assessment in the final rule itself, and to set a requirement that the risk assessment must be conducted by an independent organization. The WPF also asked that HHS set breach risk assessment standards so that there is some uniformity and guidance as to what constitutes an appropriately rigorous risk assessment when a breach occurs. In the comments, WPF also discussed the relationship between medical identity theft and medical data breach and how this impacts patients and consumers.

FTC issues final rule on health data breaches

Health data breach rulemaking -- The Federal Trade Commission has issued its final Health Breach Notification Rule for vendors of Personal Health Records and related entities, as required under ARRA, The American Recovery and Reinvestment Act of 2009. The initial proposed Health Breach Notification Rule was generally thoughtful and thorough. The World Privacy Forum submitted extensive comments on the proposed rule both supporting parts of it and making some suggestions for changes. The FTC incorporated several specific WPF suggestions into the final rule. In particular, the FTC incorporated the applicability of the rule to foreign entities with U.S. customers (Final Rule p. 17), and the applicability of the rule to search engines appearing on Personal Health Record web sites (Final Rule p. 34). The new rule will be published in the Federal Register shortly; until then, it is available at the FTC web site. Also available is a form that entities covered under this rule can use to report data breaches to the FTC. The Health Breach Notification Rule will be effective 30 days after publication in the Federal Register, and full compliance with the rule will be required beginning 180 days after publication.

World Privacy Forum files comments with the FTC regarding proposed rules for health care-related data breaches

Data Breach of Health Records - FTC -- The World Privacy Forum filed extensive comments with the Federal Trade Commission today regarding its notice of proposed rulemaking for data breaches of information containing actual health care information or health care-related information. The FTC rulemaking will apply to a variety of record holders, especially vendors of personal health records. The Forum supported much of the FTC's proposed rulemaking, finding the rulemaking generally thoughtful and careful. In some areas, the Forum urged the FTC to narrow and further define and strengthen the proposed rule. The World Privacy Forum urged the FTC to tighten language around scope, the definition of "personal health record," law enforcement delays of consumer notification, and urged the FTC to further clarify the definition of what falls under the category of "de-identified data." Citing the research of Dr. LaTanya Sweeney and others, the Forum urged the FTC to require commercial companies and others holding health care data that has been partially de-identified to still report those breaches to the FTC and the public, and to monitor for re-identification.

World Privacy Forum files comments with HHS regarding data breach guidance

Public comments re: health data breaches -- The World Privacy Forum filed comments with the Department of Health and Human Services today regarding the HITECH Act guidance that HHS published along with a request for comments. The Forum urged the Department to tighten its proposed guidance, and to add more protections, oversight, and rules for "limited data set" breaches.

Public Comments: March 2009 - Comments on the Proposed Consent Agreement with CVS / Caremark

The World Privacy Forum filed comments with the Federal Trade Commission in response to its proposed consent agreement with the CVS Caremark pharmacy chain. The proposed agreement is in resonse to a CVS data breach. The agreement does not impose a monetary penalty on CVS, and does not provide remedies for consumers affected by the data breach. The World Privacy Forum urged the FTC to reconsider the agreement.

CVS Caremark pharmacy chain agrees to pay $2.25 million to settle charges of HIPAA violations; also settles with the FTC

Medical privacy | HIPAA | FTC -- According to a legal complaint, CVS pharmacies -- the largest pharmacy chain in the United States -- did not take appropriate steps to protect its customers' and employees' sensitive information when it improperly disposed of documents, labels, prescription bottles, and other items with clearly identifiable and highly sensitive personal information such as SSNs, prescription information, driver's license numbers, and other information still on those materials. CVS agreed to pay $2.25 million to settle its violations of HIPAA as part of a Resolution Agreement with the Department of Health and Human Services. CVS has also signed a consent agreement with the FTC; the public can comment on this agreement until March 20, 2009. The World Privacy Forum will be filing comments with the FTC on the consent agreement with CVS, which we will post here.

Consumer Alert: Monster.com announces another big data breach

Monster.com | Consumer Alert | Job search privacy -- According to the job site Monster.com, its users' IDs and passwords, email addresses, names, phone numbers, and some "basic demographic data" were compromised in a data breach. Monster notified victims of the security breach through its web site on Friday, January 23, 2009. It is unclear how many people this notice impacts, as Monster.com did not give an estimate. In press reports, however, Monster has admitted that the breach is global, with Asia Pacific and Eastern Europe being spared. Job seekers' information can be used like a road map for criminal ventures, including identity theft, phishing and spamming. User passwords, which Monster.com says were compromised in this breach, are especially valuable as they can potentially be used to access other sites or email accounts, especially if a person regularly uses the same passwords. The World Privacy Forum has published a consumer alert about this data breach with tips for victims. This data breach also impacts USAjobs.com, the government job search site affiliated wiith Monster.com.

Pam Dixon's keynote speech on medical identity theft at the AHIMA National Convention

Medical identity theft is a crime that harms people and it is a crime that hides itself. This combination makes medical identity theft an insidious crime. It can cause extraordinary damages and harms to its individual and institutional victims. And once begun, the harmful effects of this crime can linger in the lives of its victims for years or even decades.

Update: Monster.com saying data breach may impact all users of Monster.com, official Federal job site USAJobs.com impacted

Consumer alert update -- Monster.com posted a warning on its site stating that all users of Monster.com may have been impacted by the data breach of its systems by hackers. All job seekers need to be aware of potential phishing attacks that are sophisticated and highly targeted, and job seekers with safety considerations need to be aware that their information has likely been compromised. The U.S. Office of Personnel Management has announced that the Federal job site USAJobs (which is outsourced to Monster.com) has also been impacted by the breach. The World Privacy Forum has updated its job seeking tips, and its consumer alert.

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