Electronic Health Records

FTC issues final rule on health data breaches

Health data breach rulemaking — The Federal Trade Commission has issued its final Health Breach Notification Rule for vendors of Personal Health Records and related entities, as required under ARRA, The American Recovery and Reinvestment Act of 2009. The initial proposed Health Breach Notification Rule was generally thoughtful and thorough. The World Privacy Forum submitted extensive comments on the proposed rule both supporting parts of it and making some suggestions for changes. The FTC incorporated several specific WPF suggestions into the final rule. In particular, the FTC incorporated the applicability of the rule to foreign entities with U.S. customers (Final Rule p. 17), and the applicability of the rule to search engines appearing on Personal Health Record web sites (Final Rule p. 34). The new rule will be published in the Federal Register shortly; until then, it is available at the FTC web site. Also available is a form that entities covered under this rule can use to report data breaches to the FTC. The Health Breach Notification Rule will be effective 30 days after publication in the Federal Register, and full compliance with the rule will be required beginning 180 days after publication.

World Privacy Forum Publishes A Patient’s Guide to HIPAA, First Comprehensive HIPAA Privacy Guide Written Expressly For Patients

“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.”

Updated Consumer Tips for Medical ID Theft

Medical ID theft — Based on interviews with numerous victims and others involved in the crime of medical identity theft, and based on our own work with victims, the World Privacy Forum has added some new information to its 2006 consumer tips for medical identity theft. We have also slightly updated some of the older tips based on new information. The Forum has also updated its medical identity theft landing page to reflect our new and ongoing work in this area.

Legal and Policy Analysis: Personal Health Records: Why Many PHRs Threaten Privacy

New publication | PHRs and privacy — The World Privacy Forum has published a new legal and policy analysis examining Personal Health Records — or PHRs — and the privacy issues associated with them. This analysis, Personal Health Records: Why Many PHRs Threaten Privacy, was prepared by Robert Gellman for the World Privacy Forum. The analysis finds that significant, serious threats to privacy exist in some PHRs.

World Privacy Forum appointed to California Security and Privacy Advisory Board

Announcement | CalPSAB — WPF executive director Pam Dixon has been appointed by California Secretary of Health and Human Services Kim Belshe to the California Security and Privacy Advisory Board. Dixon will serve as interim co-chair of the board, which is tasked with addressing health information exchange (HIE) privacy and security efforts in California. The board’s meetings will be open to the public.