The Complete State Security Breach Notification Compliance Handbook

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Building effective virtual government requires new ideas, innovative thinking and hard work. This website uses cookies in order to offer you the most relevant information. New Guide on State Data Breach Laws A new guide covering a summary of data breach laws in every state and territory was recently released by Digital Guardian. The guide attempts to answer questions like: How do state laws protect you? Here are the details. What are the current data breach laws across U. Where can the references be seen? How are the specific details different?

When are organizations required to notify the public? Who is regulating compliance?

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Here were the responses: When was this work recently completed? We did not — research was conducted independently.

Any similar work on federal regulations about data breaches? For example, here are some of the details in Arizona: Final Thoughts I applaud the efforts of Digital Guardian in putting this state-by-state guide to data breach laws together. LegalWorks June 3, Language: Be the first to review this item Amazon Best Sellers Rank: Related Video Shorts 0 Upload your video. Customer reviews There are no customer reviews yet. Share your thoughts with other customers. Write a customer review.

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Get fast, free shipping with Amazon Prime. Health information is considered de-identified only if it does not identify an individual, if there is no reasonable basis to believe the information can be used to identify an individual and if the covered entity or business associate complies with the Privacy Rule specifications for de-identifying information. Under certain circumstances, unauthorized acquisition, access or use of unsecured PHI does not constitute a breach that triggers the notification requirement.

However, such unauthorized acquisition, access or use is not a breach only if:. In addition, certain inadvertent disclosures of PHI within a covered entity or business associate also are not considered breaches that require notification. No reportable breach occurs if:. Recipient Unable to Retain Information: A covered entity or business associate is not required to institute breach notification if it has a good faith belief that the unauthorized person to whom the disclosure of PHI was made would not reasonably have been able to retain the information.

New Guide on State Data Breach Laws

For example, when a nurse hands the wrong discharge papers to a patient but quickly realizes his or her mistake and recovers the PHI from the patient, the patient is probably unable to retain the information, and no breach has occurred. If you answer "yes" to all three questions, it is notification time!

Notification by a Covered Entity. Following discovery of a breach, a covered entity must notify each individual whose unsecured PHI has been or is reasonably believed to have been accessed, acquired, used or disclosed as a result of the breach. The covered entity also must notify DHHS and in some cases must notify the media.

Covered entities must provide written notice in plain language to patients by first-class mail or, if the individual has agreed to electronic notice, by email. If the patient is deceased, the covered entity must provide written notice to the next of kin or personal representative, if their addresses are known. Substitute Notice to Individuals: If the covered entity lacks sufficient contact information for patients, or if notices are returned as undeliverable, the covered entity must provide substitute notice.

If the breach involves fewer than 10 patients, covered entities may provide substitute notice by telephone or other electronic written means, including email, even if the patient has not agreed to receive notice by email. If the breach involves more than 10 patients, covered entities must post the notice "conspicuously" for 90 days on the home page of their Web site or in major print or broadcast media in the geographic areas where individuals affected by the breach likely reside.

The notice on the Web site or in the media must include a toll-free telephone number that remains active for at least 90 days and that allows individuals to call and learn whether their PHI may have been included in the breach. Notice to the Media: In the event that a breach involves the PHI of more than residents of a state or jurisdiction, the covered entity also must notify prominent media outlets in that state or jurisdiction of the breach. If the breach involves the PHI of more than individuals, the covered entity must provide notification to DHHS at the same time it provides notice to the individuals.

For breaches involving the PHI of fewer than individuals, covered entities must maintain a log of such breaches and notify DHHS annually of all such breaches during the preceding year. Covered entities are required to provide this annual notification to DHHS, starting in The annual notification must be made within 60 days of the end of the calendar year.

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Notice to individuals or the media must contain:. Covered entities must provide notification without unreasonable delay and in no case later than 60 days after discovering the incident determined to be a breach. Covered entities are considered to have discovered a breach if a workforce member or agent of the covered entity discovers a breach.

However, covered entities may delay notice if law enforcement states that notice would impede a criminal investigation or cause damage to national security. If the law enforcement statement is in writing and specifies the time for which delay is required, the covered entity must delay notice for the time period specified by the law enforcement official. If the statement is made orally, the covered entity must document the statement and include the law enforcement official's identity and temporarily delay the notice for no more than 30 days from the oral statement.

Notification by a Business Associate. So, dear business associate readers, remember that you are directly regulated, and you have reporting obligations as well. In the event of a breach, business associates must notify the covered entity or entities whose information was breached, and each affected covered entity is then required to notify the individuals affected. Sounds like a fun notification!

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