Public comments re: health data breaches — The World Privacy Forum filed comments with the Department of Health and Human Services today regarding the HITECH Act guidance that HHS published along with a request for comments. The Forum urged the Department to tighten its proposed guidance, and to add more protections, oversight, and rules for “limited data set” breaches.
“This guide is not just a retread of what HIPAA is and does,” said Pam Dixon, executive director of the World Privacy Forum. “Our guide gives patients practical details and strategies on how they can use the law to protect their privacy and navigate the medical system. Best of all, it is easy to use.”
CVS Caremark | FTC proposed consent agreement — The World Privacy Forum filed comments with the Federal Trade Commission in response to its proposed consent agreement with the CVS Caremark pharmacy chain. The proposed agreement is in resonse to a CVS data breach. The agreement does not impose a monetary penalty on CVS, and does not provide remedies for consumers affected by the data breach.
Medical privacy | HIPAA | FTC — According to a legal complaint, CVS pharmacies — the largest pharmacy chain in the United States — did not take appropriate steps to protect its customers’ and employees’ sensitive information when it improperly disposed of documents, labels, prescription bottles, and other items with clearly identifiable and highly sensitive personal information such as SSNs, prescription information, driver’s license numbers, and other information still on those materials. CVS agreed to pay $2.25 million to settle its violations of HIPAA as part of a Resolution Agreement with the Department of Health and Human Services. CVS has also signed a consent agreement with the FTC; the public can comment on this agreement until March 20, 2009. The World Privacy Forum will be filing comments with the FTC on the consent agreement with CVS, which we will post here.
Human Subjects Research Protection (OHRP) — The World Privacy Forum filed comments with the Office of Human Research Protection urging the office to do more to protect the privacy of people who are subjects of research. The comments urge the OHRP to focus more attention on providing privacy-specific training for boards overseeing research, which are often weak in knowledge about the breadth of privacy issues in research. The WPF also voiced its strong support for certificates of confidentiality for research involving human subjects, stating that “nearly all research that involves identifiable health data or other personal data about individuals should have a certificate of confidentiality unless a researcher can state a substantive reason why a certificate is not appropriate for the study.”