In a blogpost for the U.K. Information Commissioner’s Office, Nigel Houlden, head of technology policy, wrote about the impact serious security flaws will have for data controllers.
Drawing upon Google’s Project Zero blog post detailing the security flaws posed by Meltdown and Spectre, Houlden said the ICO “strongly recommend[s] that organisations determine which of their systems are vulnerable, and test and apply the patches as a matter of urgency.
Failure to patch known vulnerabilities is a factor that the ICO takes into account when determining whether a breach of the seventh principle of the Data Protection Act is serious enough to warrant a civil monetary penalty.”
In the post, Houlden said implementing a privacy-by-design approach would help mitigate potential attacks.
in French.. – How Roche build an open database (early 2017)
Quotes from linked page below
CR’s investigation revealed FMCNA covered entities failed to conduct an accurate and thorough risk analysis of potential risks and vulnerabilities to the confidentiality, integrity, and availability of all of its ePHI.
The FMCNA covered entities impermissibly disclosed the ePHI of patients by providing unauthorized access for a purpose not permitted by the Privacy Rule.
FMC Ak-Chin failed to implement policies and procedures to address security incidents.
FMC Magnolia Grove failed to implement policies and procedures that govern the receipt and removal of hardware and electronic media that contain ePHI into and out of a facility; and the movement of these items within the facility.
FMC Duval and FMC Blue Island failed to implement policies and procedures to safeguard their facilities and equipment therein from unauthorized access, tampering, and theft, when it was reasonable and appropriate to do so under the circumstances.
FMC Magnolia Grove and FVC Augusta failed to implement a mechanism to encrypt and decrypt ePHI, when it was reasonable and appropriate to do so under the circumstances.
In addition to a $3.5 million monetary settlement, a corrective action plan requires the FMCNA covered entities to complete a risk analysis and risk management plan, revise policies and procedures on device and media controls as well as facility access controls, develop an encryption report, and educate its workforce on policies and procedures.
While HIPAA is well-known, there are also obligations under the FTC’s Health Breach Notification Law..
From the linked page below:
“Does your business or organization have a website that allows people to maintain their medical information online? Do you provide applications for personal health records – say, a device that allows people to upload readings from a blood pressure cuff or pedometer into their personal health record?
The American Recovery and Reinvestment Act of 2009 includes provisions to strengthen privacy and security protections for this new sector of web-based businesses. The law directed the Federal Trade Commission to issue a rule requiring companies to contact customers in the event of a security breach. After receiving comments from the public, the FTC issued the Health Breach Notification Rule.” [..]