Privacy, Security and HIPAA Compliance: One of These Things is Not Like the Others

Stephen Cobb

Guest post by Stephen Cobb, senior security researcher, ESET.

HIPAA’s privacy and security rules are often labeled as being burdensome and restrictive. The rules are increasingly criticized as ineffective and people wonder how an organization can be HIPAA compliant and still suffer a breach of protected health information.

A medical approach to answering that question might be to think about infection prevention and control. Infection control protocols exist to prevent the spread of infectious diseases. However, a patient can get infected at a hospital or clinic that has such protocols in place. The reasons for such anomalies include lapses in conformance to the protocol and inappropriate protocol relative to potential infection vectors.

Such language maps closely to the demands of healthcare data protection, which could be described as the prevention and control of unauthorized access to protected health information. Clearly there is a need for healthcare organizations and their employees to fully comply with “policies and procedures that are appropriate to the threats.” Getting people to comply requires organizational commitment from the top down, backed by the adequate equipping and educating of staff at all levels.

But what if those policies and procedures are not appropriate to the threats? What if the infection vectors are different from those you trained to defend against, or the threat agent more virulent than you supposed? That’s where a lot of health data security breaches occur, in that gap between established practices and emerging threats. The difference between being “HIPAA compliant” and “secure” often comes down to underestimating threats. Continue Reading