By Stan Shaw, Founder, CTS
I have just returned from the IAPP/ISACA KnowledgeNet conference in Vancouver this week, where the focus of the afternoon was on Privacy & Security in Healthcare. Some interesting facts arose from the forum:
So, let’s assume the worst. You have walked into your clinic in the morning and found you could not access your EMR due to ransomware. Unfortunately, this is not a hypothetical risk. Or, as an example, imagine that you have received a call from a patient who has discovered his confidential health information has been made available to someone who should never have accessed it, and he is certain your clinic provided it.
What to do?
Let’s begin by saying that, before any of this happens, make sure you have a plan to deal with it before it occurs. Once you are hit with a breach, this is not the time to be looking for a plan or to begin making one up as you go. The SANS Institute strongly recommends that you be well prepared to handle this situation at a moment’s notice.
According to the Office of the Information and Privacy Commissioner of BC (OIPC), a privacy breach occurs anytime there is unauthorized access to or collection, use, disclosure or disposal of personal information. What is unauthorized? In British Columbia, this means any activity that occurs in contravention of the Personal Information Protection Act (PIPA) or part 3 of the Freedom of Information and Protection of Privacy Act (FIPPA). While cybersecurity threats are a very real danger, the most common privacy breach occurs when personal information of patients or staff is stolen, lost or mistakenly disclosed.This might include, for example, if a computer containing personal information is stolen or personal information is emailed to the wrong individual.
Doctors of BC, the OIPC and the College of Physicians and Surgeons of BC, have published a four-step guide to deal with breaches, called “Responding to a Privacy Breach – Key Steps for Physicians“. More recently, the OIPC has published some very helpful resources on what to do when responding to a breach, including “Privacy Breaches: Tools and Resources“. Both documents focus on four key steps:
The OIPC Tools and Resources document also contains a checklist we would suggest placing in your clinic policy and procedures manual, in case it is necessary to respond to a breach in your clinic. The checklist will help you to decide whether or not to report a breach to the OIPC. In general, reporting to the OIPC should be considered:
Legal note to all of the above: This is intended for general information only. It is not intended to provide legal or other advice. The key message here is: make sure you have policies and procedures in place that will help you to recover from a privacy breach, before it occurs.
Here are some additional best practice resources you can use to be proactively prepared: