Dark Reading is part of the Informa Tech Division of Informa PLC

This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them.Informa PLC's registered office is 5 Howick Place, London SW1P 1WG. Registered in England and Wales. Number 8860726.

Risk

12/7/2010
07:35 PM
George V. Hulme
George V. Hulme
Commentary
50%
50%

California Does Health Care Data Breaches Right

Since this spring, the California Department of Public Health has fined 12 health facilities about $1.5 million as a result of data breaches. Let's hope they keep fining organizations that fail to properly protect patient data.

Since this spring, the California Department of Public Health has fined 12 health facilities about $1.5 million as a result of data breaches. Let's hope they keep fining organizations that fail to properly protect patient data.If you've been reading my posts long enough, you know that I consider health care data breaches much worse on consumers that credit card breaches. With credit card breaches most users are held liable for $50 - if that - and fraudulent transactions can be cleaned up pretty quickly. Not always so with private health care data - once confidential information is spilled onto the Internet, it can't be put back into the bottle. Friends, co-workers, family members, and potential employers may forever know what was supposed to be kept confidential.

That's why when clicking through my normal blog and news reading last night, I was happy to read the post California Department of Public Health Continues to Fine Hospitals and Nursing Homes for Data Breaches that detailed the million and a half in fines as a result of Californian Health and Safety Code 1280.15(a) that requires health facilities to properly protect patient data:

Violations of this requirement can result in penalties of up to $25,000 per patient and up to $17,500 per subsequent occurrences of unlawful or unauthorized access, use or disclosure of that patients medical information.

In its most recent wave of penalties, announced November 19, 2010, CDPH assessed fines totaling $792,500 against six hospitals and one nursing home that it determined failed to prevent unauthorized access to confidential patient medical information. In one case, a health facility was fined $310,000:

$60,000 because the facility failed to prevent unauthorized access and disclosure of one patient's medical information by two employees on three occasions.

$250,000 because the facility failed to prevent the theft of 596 patients' medical information

Not only does California have this consumer protection law on their books, they're actively enforcing it. So, just as California set an important path with SB 1383 in 2003 - which sent into motion the legislatures in most states to follow suit - let's hope the state is setting another example that many more states will emulate.

For my security and technology observations throughout the day, follow me on Twitter.

Comment  | 
Print  | 
More Insights
Comments
Newest First  |  Oldest First  |  Threaded View
News
Inside the Ransomware Campaigns Targeting Exchange Servers
Kelly Sheridan, Staff Editor, Dark Reading,  4/2/2021
Commentary
Beyond MITRE ATT&CK: The Case for a New Cyber Kill Chain
Rik Turner, Principal Analyst, Infrastructure Solutions, Omdia,  3/30/2021
Register for Dark Reading Newsletters
White Papers
Video
Cartoon
Current Issue
2021 Top Enterprise IT Trends
We've identified the key trends that are poised to impact the IT landscape in 2021. Find out why they're important and how they will affect you today!
Flash Poll
How Enterprises are Developing Secure Applications
How Enterprises are Developing Secure Applications
Recent breaches of third-party apps are driving many organizations to think harder about the security of their off-the-shelf software as they continue to move left in secure software development practices.
Twitter Feed
Dark Reading - Bug Report
Bug Report
Enterprise Vulnerabilities
From DHS/US-CERT's National Vulnerability Database
CVE-2021-30481
PUBLISHED: 2021-04-10
Valve Steam through 2021-04-10, when a Source engine game is installed, allows remote authenticated users to execute arbitrary code because of a buffer overflow that occurs for a Steam invite after one click.
CVE-2021-20020
PUBLISHED: 2021-04-10
A command execution vulnerability in SonicWall GMS 9.3 allows a remote unauthenticated attacker to locally escalate privilege to root.
CVE-2021-30480
PUBLISHED: 2021-04-09
Zoom Chat through 2021-04-09 on Windows and macOS allows certain remote authenticated attackers to execute arbitrary code without user interaction. An attacker must be within the same organization, or an external party who has been accepted as a contact. NOTE: this is specific to the Zoom Chat softw...
CVE-2021-21194
PUBLISHED: 2021-04-09
Use after free in screen sharing in Google Chrome prior to 89.0.4389.114 allowed a remote attacker to potentially exploit heap corruption via a crafted HTML page.
CVE-2021-21195
PUBLISHED: 2021-04-09
Use after free in V8 in Google Chrome prior to 89.0.4389.114 allowed a remote attacker to potentially exploit heap corruption via a crafted HTML page.