Healthcare Data Privacy

American Osteopathic Association Notifies 27,500 Individuals About June 2020 Data Theft Incident

Approximately 27,500 individuals are being notified that some of their personal information has been stolen in a cyberattack on the American Osteopathic Association (AOA). AOA is a Chicago-based professional organization that represents around 151,000 osteopathic physicians and medical students across the United States.

On June 25, 2020, the AOA identified suspicious activity within some of its systems. Its network was taken offline, and forensic investigators were engaged to determine the nature and scope of the incident. The investigation confirmed the attackers gained access to systems that contained personally identifiable information and exfiltrated data from those systems.

A comprehensive review of the files was conducted to determine which individuals had been affected. That review determined names, addresses, dates of birth, Social Security numbers, financial account information, and email addresses/usernames and passwords were in the exfiltrated data.

The AOA said its investigation did not uncover any evidence of actual or attempted misuse of the stolen data, but as a precaution against identity theft and fraud, affected individuals have been offered complimentary credit monitoring and identity theft protection services for 12 months.

It has taken more than 15 months from the discovery of the breach for affected individuals to be notified. The AOA said that like many organizations, the COVID-19 pandemic presented considerable challenges to its normal business operations. As a result of the pandemic, it took considerably longer for AOA to identify the names and addresses of the affected individuals. According to the AOA, this was “due to the pandemic’s impact on our staff’s working conditions, and their inability to be on location to identify all potentially impacted parties.” It took until June 1, 2021, for the total population of affected individuals and contact information to be identified.

According to the breach report submitted to the Maine Attorney General, notifications were sent to affected individuals on October 13, 2021.

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New Jersey Infertility Clinic Settles Data Breach Investigation with State and Pays $495,000 Penalty

A New Jersey infertility clinic accused of violating HIPAA and New Jersey laws by failing to implement appropriate cybersecurity measures has settled the investigation with the state and will pay a $495,000 penalty.

Millburn, NJ-based Diamond Institute for Infertility and Menopause, LLC (Diamond) operates two healthcare facilities in New Jersey, one in New York, and provides consultancy services in Bermuda. Providing those services involves the collection, storage, and use of personal and protected health information (PHI).

Between August 2016 and January 2017, at least one unauthorized individual accessed Diamond’s network which contained the PHI of 14,663 patients, 11,071 of which were New Jersey residents.

As a HIPAA covered entity, Diamond is required to implement technical, physical, and administrative safeguards to ensure the confidentiality, integrity, and availability of PHI. Diamond is also subject to New Jersey laws and is similarly required to implement reasonable and adequate safeguards to protect medical data from unauthorized access.

Diamond Investigated for Compliance with Federal and State Laws

The State of New Jersey Department of Law and Public Safety Division of Consumer Affairs investigated Diamond over the data breach to determine compliance with federal and state laws. The investigation revealed Diamond had entered into a support contract with the managed service provider (MSP) Infoaxis Technologies in 2007, which including security and information technology services including maintaining its third-party server and workstations. The service agreement included third-party software for the management and reporting of audit logs intended to interpret triggers for event alerts.

Around March 2014, Diamond downgraded its support package with the MSP, resulting in a reduction in the services provided, although Diamond maintains there was no reduction in services between the two support agreements other than the amount of time included for on-site support services.

Prior to the breach occurring, Diamond’s HIPAA Privacy and Security Officer used a Remote Desktop Protocol (RDP) service with a VPN to access the Diamond network, but because the VPN was blocked from the Bermuda office, the MSP provided a different method of access that involved opening a port in the firewall to allow RDP access, instead of using the VPN for authentication.

Between August 28, 2016 and January 14, 2017, a workstation in the Millburn office was accessed by an unauthorized individual on several occasions from a foreign IP address. The unauthorized access was detected and blocked on January 14, 2017. During the time the workstation was accessible, data on the device was not encrypted. The intruder therefore potentially accessed patient data including names, dates of birth, Social Security numbers, and medical record numbers.

An investigation into the breach also revealed an intruder accessed Diamond’s third-party server which housed its electronic medical records within a password-protected SQL server using two compromised Diamond user accounts that had weak passwords. The investigation revealed weak security settings were in place for failed login attempts and password expiration.

While the EMR data was not compromised, the intruder was able to access PHI such as test results, ultrasound images, and clinical and post-operative notes. Diamond’s investigation was unable to confirm how access to the network was gained.

Multiple HIPAA Violations Uncovered

The state investigation into the data breach revealed business associate agreements were not in place prior to sharing ePHI with three business associates: Infoaxis, BMedTech, and Igenomix, in violation of the HIPAA Rules. Diamond was also alleged to have violated the CFA, HIPAA Security Rule, and HIPAA Privacy Rule by removing administrative and technological safeguards protecting PHI and ePHI, which allowed unauthorized individuals to gain access to its systems and ePHI for around five and a half months.

The CFA violations included misrepresentation of HIPAA practices in its privacy and security policy, a failure to secure its network leading to a data breach, and unconscionable commercial practices.

The settlement agreement lists failures to comply with twenty-nine provisions of the HIPAA Privacy and Security Rules. Alleged violations include the failure to conduct a comprehensive risk assessment, failure to encrypt ePHI, failure to modify security measures to ensure reasonable protections for ePHI were maintained, failure to implement procedures for creating, changing, and modifying passwords, and a failure to verify the identify of individuals seeking access to ePHI.

Diamond disputes many of the claims made by the state but agreed to settle the case and pay a $495,000 financial penalty, which consists of $412,300 in civil penalties and $82,700 in investigation fees.

“Patients seeking fertility treatment rightly expect their healthcare providers to protect their privacy,” said Acting Attorney General Bruck. “Major cybersecurity lapses like the ones leading up to this data breach are unacceptable. Today’s settlement sends the message that such privacy lapses come with significant consequences.”

In addition to the financial penalty, Diamond is required to implement additional measures to improve data security, including the use of encryption to prevent unauthorized access to ePHI, implementing a comprehensive information security program, appointing a new HIPAA officer, providing additional training to staff on security policies, developing a written incident response plan, and improving logging, monitoring, access controls, password management, and implementing a risk assessment program.

“Inadequate data systems and protocols are every hacker’s dream,” said Division of Consumer Affairs Acting Director Sean P. Neafsey. “Companies that fail to comply with basic security requirements are an easy target, and we will not stand by as they violate our laws and expose clients’ sensitive information and make them vulnerable to identity theft.”

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Cybersecurity Awareness Month: Fight the Phish!

According to the Verizon Data Breach Investigations Report, phishing accounted for around 80% of all reported phishing attacks in 2019 and since the pandemic began in 2020 phishing attacks and associated scams have been thriving. In 2020, 74% of US organizations experienced a successful phishing attack.

Phishing attacks typically use emails or malicious websites – or both – to obtain sensitive information such as login credentials or to infect devices with malware and viruses. Phishing attacks involve a lure to get the recipient to take a certain action, such as clicking on a hyperlink in an email or opening a malicious email attachment. Email addresses, sender names, phone numbers, and website URLs are often spoofed to trick people into believing they are interacting with a familiar and trusted source.

The 2021 Cost of Phishing Study conducted by the Ponemon Institute/Proofpoint suggests the cost of phishing attacks has quadrupled over the past 6 years, with large U.S. firms now losing an average of $14.83 million a year to phishing attacks. An average-sized U.S. company employing 9,567 people, loses around 63,343 hours every year to phishing attacks, with the cost equating to around $1,500 per employee.

Phishing is the starting point of the costliest cyberattacks. In 2020, more than $1.8 billion was fraudulently obtained in Business Email Compromise (BEC) attacks, with the average cost of a BEC attack now $5.97 million. Phishing is often the starting point of ransomware attacks, which can have mitigation costs of the order of tens of millions of dollars. On average, an attack costs $996,000 to resolve.

Phishing may be the most common way for cybercriminals to gain access to email accounts, networks, and sensitive data, but these attacks can easily be prevented with the right technology and user training.

Organizations need to implement email security gateways/spam filtering solutions for all email accounts. This technical measure alone will prevent the majority of phishing emails from arriving in inboxes. Antivirus software and firewalls should be used to protect all endpoints, including computers, phones, tablets, and Internet of Things devices. These solutions should be regularly updated, ideally automatically.

Multi-factor authentication should be used on all accounts that require passwords to login. In the event of a password being obtained in a phishing attack, multi-factor authentication will prevent the password from providing access to the user’s account. Microsoft explained in a 2019 blog post that multi-factor authentication blocks more than 99.9% account compromise attacks.

Employees are the last line of defense in an organization, so it is vital for security awareness training to be provided. Employees need to be taught cybersecurity best practices to eradicate risky behaviors and must learn how to identify and avoid phishing attacks.

Employees should be made aware of the red flags in phishing emails such as call outs to open attachments or click links, unusual wording and formatting, spelling and grammatical errors, threats of negative consequences if rapid action is not taken, and too good to be true offers. If any red flags are identified, it is vital to verify the source of the email or text message and to make content with the sender to confirm a request is authentic. Employees should be conditioned to stop and think before taking any action requested in an email or text message and never to respond, open attachments, or click links in messages if there is any doubt about the sender or request.

According to Verizon, “There is some cause for hope in regard to phishing, as click rates from the combined results of multiple security awareness vendors are going down.” In 2012, phishing email click rates were around 25% but by 2019 they had fallen to around 3% as a result of improved awareness of phishing and more extensive end user training.

Given the scale of the threat from phishing, once-a-year security awareness training sessions are no longer sufficient. While annual training may meet the minimum requirement for compliance with HIPAA, it is not sufficient to reduce the risk of a successful attack to low and acceptable level. Security awareness training for the workforce needs to be an ongoing process, with regular training provided throughout the year accompanied by phishing simulation exercises where the phishing identification skills of employees are put to the test. Through training and phishing simulation exercises, susceptibility to phishing attacks can be greatly reduced.

CISA has produced a tip sheet for Cybersecurity Awareness Month to help individuals fight the phish.

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Insider Threat Self-Assessment Tool Released by CISA

Public and private sector organizations have a new tool to help them assess their level of vulnerability to insider threats. The new Insider Threat Risk Mitigation Self-Assessment Tool has been created by the Cybersecurity and Infrastructure Security Agency (CISA) to help users further their understanding of insider threats and develop prevention and mitigation programs.

In healthcare, security efforts often focus on the network perimeter and implementing measures to block external threats, but insider threats can be just as damaging, if not more so. Insiders can steal sensitive information for financial gain, can take information to provide to their next employer, or can abuse their privileged access to cause significant harm.

Insider breaches can have major consequences for businesses, with may include reputation damage, loss of revenue, theft of intellectual property, reduced market share, and even physical harm. CISA says insider threats can include current and former employers, contractors, or other individuals with inside knowledge about a business. The threat posed by insiders can be considerable due to the knowledge those individuals have about a business and the fact they are trusted and have privileged access to systems and sensitive data.

Large organizations are likely to have conducted risk assessments and put measures in place to mitigate insider threats. Small- and medium-sized businesses tend to have limited resources and may not have assessed their risk level and are most likely to benefit from using the new tool.

The tool consists of a series of questions that will establish the level of vulnerability to insider threats and will provide feedback to users to help them develop appropriate mitigations to guard against insider threats and reduce risk to a low and acceptable level.

“CISA urges all our partners, especially small and medium businesses who may have limited resources, to use this new tool to develop a plan to guard against insider threats.  Taking some small steps today can make a big difference in preventing or mitigating the consequences of an insider threat in the future,” said CISA Executive Assistant Director for Infrastructure Security David Mussington.

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Cybersecurity Awareness Month: Do Your Part, #BeCyberSmart

October is Cybersecurity Awareness Month; a full month where the importance of cybersecurity is highlighted, and resources are made available to help organizations improve their security posture through the adoption of cybersecurity best practices and improving security awareness of the workforce.

Cybersecurity Awareness Month was launched by the National Cyber Security Alliance and the United States Department of Homeland Security in 2004 to raise awareness of the importance of cybersecurity. Each year has a different theme, although the overall aim is the same – To empower individuals and the organizations they work for to improve cybersecurity and make it harder for hackers and scammers to succeed.

The month is focused on improving education about cybersecurity best practices, raising awareness of the digital threats to privacy, encouraging organizations and individuals to put stronger safeguards in place to protect sensitive data, and highlighting the importance of security awareness training.

This year has the overall theme – “Do Your Part, #BeCyberSmart” – and is focused on communicating the importance of everyone playing a role in cybersecurity and protecting systems and sensitive data from hackers and scammers. Throughout the month, the National Cyber Security Alliance and its partners will be running programs to raise awareness of specific aspects of cybersecurity, with each week of the month having a different theme.

  • Week of October 4 (Week 1): Be Cyber Smart.
  • Week of October 11 (Week 2): Phight the Phish!
  • Week of October 18 (Week 3): Explore. Experience. Share.
  • Week of October 25 (Week 4): Cybersecurity First

Cybersecurity Awareness month kicks off with the theme of “Be Cyber Smart” in week 1, where cybersecurity best practices are highlighted to protect the vast amounts of personal and business data that are stored on Internet-connected platforms.

“This evergreen theme encourages individuals and organizations to own their role in protecting their part of cyberspace, stressing personal accountability and the importance of taking proactive steps to enhance cybersecurity,” said the U.S. Cybersecurity and Infrastructure Security Agency (CISA).

Best practices being highlighted in week 1 are those that businesses and individuals should be implementing. They include always creating strong passwords, implementing multi-factor authentication on accounts, keeping software updated and patching promptly, and creating backups to ensure data can be recovered in the event of a ransomware attack or other destructive cyberattack.

“Since its inception, Cybersecurity Awareness Month has elevated the central role that cybersecurity plays in our national security and economy.  This Cybersecurity Awareness Month, we recommit to doing our part to secure and protect our internet-connected devices, technology, and networks from cyber threats at work, home, school, and anywhere else we connect online,” said, President Biden in a White House statement announcing the start of Cybersecurity Awareness Month. “I encourage all Americans to responsibly protect their sensitive data and improve their cybersecurity awareness by embracing this year’s theme: “Do Your Part.  Be Cyber Smart.”

Each week this month, HIPAA Journal will share information and resources based on the theme of the week that can be used to raise awareness of cybersecurity in your organization and improve your resilience to cyberattacks and privacy threats.

Be Cyber Smart – Your Role in Cybersecurity

Cybersecurity Basics – How to Secure Your Online Life

CISA – Cybersecurity Awareness Tip Sheets

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Lisa J. Pino Named New Director of HHS’ Office for Civil Rights

OCR Director, Lisa J. Pino

Lisa J. Pino has been named Director of the Department of Health and Human Services’ Office for Civil Rights (OCR) and replaces Robinsue Frohboese, who has served as acting OCR Director since President Trump-appointed Roger Severino resigned from the post in mid-January.

OCR is the main enforcer of compliance with the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security, and Breach Notification Rules, the Patient Safety and Quality Improvement Act, and Patient Safety Rule, as well as as well as enforcing federal civil rights, conscience and religious freedom laws.

Pino is from New York City, a fluent Spanish speaker, and the first-generation daughter of immigrant parents. She completed a B.A., M.A., and J.D. at Arizona State University with honors, and Harvard Kennedy School leadership program as a National Hispana Leadership Institute Fellow.

Pino has served as legal aid attorney in the Southwest, fighting to protect the rights of migrant farm workers. Her civil rights activities carried on while working for the United States Department of Agriculture (USDA) where she served as USDA Deputy Administrator of the Supplemental Nutrition Assistance Program (SNAP) and USDA Deputy Assistant Secretary for Civil Rights.

While at the USDA, Pino drafted and championed USDA’s first gender identity anti-discrimination program regulation along with its first USDA limited English proficiency guidance. Pino played a key role in ensuring minority farmers had access to benefits awarded through class action settlements through her direction of USDA’s outreach and engagement activities.

Pino is a former senior executive service who was also appointed by President Barack Obama and served at the U.S. Department of Homeland Security (DHS) as Senior Counselor. There she played a key role in the mitigation of the largest federal data breach in history, the 2015 hacking of the data of 4 million federal personnel and 22 million surrogate profiles, by renegotiating 700 vendor procurements and establishing new cybersecurity regulatory protections.

Most recently, Pino served as Executive Deputy Commissioner of the New York State Department of Health, the agency’s second-highest executive position. During her time in the role, Pino spearheaded the state’s operational response to the COVID-19 pandemic and programming for Medicaid, Medicare, Nutrition Program for Women, Infants, and Children (WIC), Hospital and Alternative Care Facility, Wadsworth Laboratories, Center for Environmental Health, Center for Community Health, and AIDS Institute.

“Lisa is an exceptional public servant, and I am delighted to welcome her to the role of the Director of the Office for Civil Rights at HHS,” said HHS Secretary Xavier Becerra. “Her breadth of experience and management expertise, particularly her hand in advancing civil rights regulations and policy at the U.S. Department of Agriculture (USDA) during the Obama-Biden Administration, will help ensure that we protect the rights of every person across the country as we work to build a healthier America.”

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August 2021 Healthcare Data Breach Report

There was a 44% month-over-month decrease in the number of reported healthcare data breaches in August 2021. 38 healthcare data breaches of 500 or more records were reported by healthcare providers, health plans, and their business associates in August. August’s reported data breaches takes the total number of healthcare data breaches in the past 12 months to 707 (Sep 2020 to August 2021), with 440 of those data breaches reported in 2021.

Healthcare data breaches in the past 12 months

While there was a marked fall in the number of reported breaches, 5,120,289 healthcare records were breached across those 38 incidents, which is well above the 12-month average of 3.94 million breached records a month. The high total was largely due to two major ransomware attacks on St. Joseph’s/Candler Health System and University Medical Center Southern Nevada, which involved 2.8 million healthcare records combined.

healthcare records breached in the past 12 months

Largest Healthcare Data Breaches Reported in August 2021

Ransomware gangs continued to target the healthcare industry in August. The attacks can cause disruption to care and can put patient safety at risk. Some of the attacks reported in August have resulted in appointments being postponed and have seen patients redirected to alternative facilities out of safety concerns.

It is now the norm for hackers to exfiltrate sensitive data prior to the use of ransomware and then demand payment for the keys to decrypt data and to prevent stolen data from being published or sold. While some major ransomware operations such as Sodinokibi/REvil and DarkSide appear to have been shutdown, several other operations have taken their place. The Vice Society and Hive ransomware gangs have been targeting the healthcare sector, and this month the Health Sector Cybersecurity Coordination Center (HC3) issued a warning to the health and public health sector about an increased risk of BlackMatter ransomware attacks. Fortunately, this month, past victims of Sodinokibi/REvil ransomware have been given the opportunity to recover encrypted data for free. Bitdefender released a free Sodinokibi/REvil decryptor last week.

In August there were three major ransomware attacks reported by healthcare providers that involved huge amounts of patient data. DuPage Medical Group suffered a ransomware attack in which the protected health information (PHI) of 655,384 patients may have been compromised, while the attack on University Medical Center Southern Nevada affected 1.3 million patients and the St. Joseph’s/Candler Health System attack involved the PHI of 1.4 million patients. Class action lawsuits have already been filed against DuPage Medical Group and St. Joseph’s/Candler Health System on behalf of patients affected by those attacks.

Listed below are the 20 data breaches reported in August that involved the PHI of 10,000 or more individuals. The majority of these data breaches involved ransomware or data stored in compromised email accounts.

Name of Covered Entity Covered Entity Type Individuals Affected Type of Breach Cause
St. Joseph’s/Candler Health System, Inc. Healthcare Provider 1,400,000 Hacking/IT Incident Ransomware attack
University Medical Center Southern Nevada Healthcare Provider 1,300,000 Hacking/IT Incident Ransomware attack
DuPage Medical Group, Ltd. Healthcare Provider 655,384 Hacking/IT Incident Ransomware attack
UNM Health Healthcare Provider 637,252 Hacking/IT Incident Unspecified hacking incident
Denton County, Texas Healthcare Provider 326,417 Unauthorized Access/Disclosure Online exposure of COVID-19 vaccination data
Metro Infectious Disease Consultants Healthcare Provider 171,740 Hacking/IT Incident Email accounts compromised
LifeLong Medical Care Healthcare Provider 115,448 Hacking/IT Incident Ransomware attack (Netgain Technologies)
CareATC, Inc. Healthcare Provider 98,774 Hacking/IT Incident Email accounts compromised
San Andreas Regional Center Business Associate 57,244 Hacking/IT Incident Ransomware attack
CarePointe ENT Healthcare Provider 48,742 Hacking/IT Incident Ransomware attack
South Florida Community Care Network LLC d/b/a Community Care Plan Health Plan 48,344 Unauthorized Access/Disclosure PHI emailed to a personal email account
Electromed Healthcare Provider 47,200 Hacking/IT Incident Unspecified hacking incident
Queen Creek Medical Center d/b/a Desert Wells Family Medicine Healthcare Provider 35,000 Hacking/IT Incident Ransomware attack
The Wedge Medical Center Healthcare Provider 29,000 Hacking/IT Incident Unspecified hacking incident
Gregory P. Vannucci DDS Healthcare Provider 26,144 Hacking/IT Incident Unspecified hacking incident
Texoma Community Center Healthcare Provider 24,030 Hacking/IT Incident Email accounts compromised
Family Medical Center of Michigan Healthcare Provider 21,988 Hacking/IT Incident Ransomware attack
Central Utah Clinic, P.C. dba Revere Health Healthcare Provider 12,433 Hacking/IT Incident Email accounts compromised (Phishing)
Hospice of the Piedmont Healthcare Provider 10,682 Hacking/IT Incident Email accounts compromised
Long Island Jewish Forest Hills Hospital Healthcare Provider 10,333 Unauthorized Access/Disclosure Unauthorized medical record access by employee

Causes of August 2021 Healthcare Data Breaches

Hacking/IT incidents dominated the breach reports in August, accounting for 81.6% of the month’s data breaches and 92.3% of breached healthcare records. There were 31 security breaches classed as hacking/IT incidents involving 4,727,350 healthcare records. The mean breach size was 152,495 records and the median breach size was 12,433 records. The majority of these incidents involved ransomware, malware, or compromised email accounts.

Causes of Healthcare Data Breaches Reported in August 2021

There were 7 incidents classed as unauthorized access/disclosure incidents. Those incidents involved 392,939 healthcare records. The mean breach size was 56,134 records and the median breach size was 4,117 records. There were no reported breaches involving lost or stolen devices or paper records and no reported improper disposal incidents.

Location of breached PHI in August 2021 healthcare data breaches

Healthcare Data Breaches by State

August’s 38 healthcare data breaches were reported by entities in 24 U.S. states. Texas was the worst affected state with 4 reported breaches, followed by Arizona and Illinois with three reported breaches each.

State Number of Reported Data Breaches
Texas 4
Arizona & Illinois 3
California, Georgia, Michigan, Minnesota, New Hampshire, Oklahoma, & Virginia 2
Alabama, Delaware, Florida, Iowa, Indiana, Massachusetts, Nevada, New Mexico, New York, Pennsylvania, Tennessee, Utah, West Virginia, & Wisconsin 1

Healthcare Data Breaches by Covered Entity Type

Healthcare providers were the worst affected covered entity type with 30 data breaches reported, 4 of which occurred at business associates but were reported by the healthcare provider. 4 data breaches were reported by health plans, and business associates self-reported 4 breaches.

August 2021 healthcare data breaches by covered entity type

HIPAA Enforcement Activity in August 2021

The HHS’ Office for Civil Rights (OCR) did not announce any new HIPAA penalties in August and there were no HIPAA enforcement actions announced by state attorneys general. So far in 2021 there have been 8 financial penalties imposed on HIPAA-covered entities and business associates by OCR, and one multi-state action by state attorneys general.

The data for this report was obtained from the U.S. Department of Health and Human Services’ Office for Civil Rights on September 20, 2021

 

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FTC Tells Developers of Health Apps and Wearable Devices to Notify Individuals About Data Breaches

Developers of health apps and wearable devices such as fitness trackers that collect health data have been warned by the Federal Trade Commission (FTC) that they are required to comply with the FTC Health Breach Notification Rule and must notify consumers about data breaches.

The FTC Health Breach Notification Rule was introduced in 2009 as part of the American Recovery and Reinvestment Act of 2009, and requires individuals to be notified if there is a breach of their health data. The Health Breach Notification Rule applies to vendors of personal health records and associated companies, but in a policy statement issued on September 16, 2021, the FTC said health apps and other connected devices that collect or use the health information of U.S. consumers are also covered by Rule. The policy statement was approved during an open meeting on Wednesday by a vote of 3-2.

The FTC Health Breach Notification Rule applies to health apps and wearable devices that collect health information from a consumer and can draw information from multiple sources, such as through an API that allows synching with a device such as a fitness tracker. Compliance will be enforced by the FTC, which has the authority to impose financial penalties. Those penalties can be as high as $43,792 for each day that notifications have not been issued.

Health apps can collect a wide range of sensitive personal and health data, either by directly recording the information through paired sensors, or by individuals entering the data into the apps manually. Health apps have been growing in popularity and usage has increased during the pandemic. Given the wide range of sensitive data stored by the apps, they are an attractive target for cybercriminals.

“As many Americans turn to apps and other technologies to track diseases, diagnoses, treatment, medications, fitness, fertility, sleep, mental health, diet, and other vital areas, this Rule is more important than ever,” said the FTC in the policy statement.

A lot of the data collected by health apps would be considered protected health information if collected by a healthcare provider, which would mean the information would be subject to the restrictions on uses and disclosures stipulated by the HIPAA Privacy Rule. Safeguards would need to be implemented to secure the data, in accordance with the HIPAA Security Rule, and a breach of health data would require notifications per the HIPAA Breach Notification Rule. However, unless a health app is developed for use by a HIPAA-covered entity, it falls outside of HIPAA protections.

Health apps often have security features to protect the privacy of users, but they are often limited. There have been calls for HIPAA to be extended to cover health app developers to improve privacy protections for users, or to implement new legislation covering these apps that requires certain standards of privacy and security to be adopted.

The FTC policy statement will at least help to ensure that users of health apps and wearable devices will be notified should a data breach occur, which will allow them to take steps to protect their identities and prevent fraud.

“While this Rule imposes some measure of accountability on tech firms that abuse our personal information, a more fundamental problem is the commodification of sensitive health information, where companies can use this data to feed behavioral ads or power user analytics,” said FTC Chair Lina M. Khan. “Given the growing prevalence of surveillance-based advertising, the Commission should be scrutinizing what data is being collected in the first place and whether particular types of business models create incentives that necessarily place users at risk.”

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Walgreens Covid-19 Test Registration System Has Been Exposing Patient Data

The personal data of individuals who took a COVID-19 test at a Walgreens pharmacy has been exposed over the Internet due to vulnerabilities in its COVID-19 test registration system.

It is currently unclear how many individuals have been affected, although they could well number in the millions given the number of COVID-19 tests Walgreens has performed since April 2020. It is unclear when the vulnerabilities were introduced on the website, but they date back to at least March 2021 when they were discovered by Interstitial Technology PBC consultant Alejandro Ruiz. He identified a security error when a member of his family had a COVID-19 test performed at Walgreens. Ruiz contacted Walgreens to alert them to the data exposure, but claimed the company was not responsive.

Ruiz spoke to Recode about the issue, which had the security flaws confirmed by two security experts. Recorde reported the issue to Walgreens, and the company said, “We regularly review and incorporate additional security enhancements when deemed either necessary or appropriate.” However, as of September 13, 2021 the vulnerabilities had not been addressed.

Recode reports that using the Wayback Machine, which contains an archive of the Internet, it was possible to see blank test confirmations dating back to July 2020, indicating the vulnerabilities have been present since at least then.

According to the security researchers, the vulnerabilities were the result of basic errors in the Walgreens’ Covid-19 test appointment registration system. When a patient completes an online form, they are assigned with a 32-digit ID number and an appointment request form is created which has the unique 32-digit ID number in the URL. Anyone who has that URL is able to access the form. There is no need to authenticate to view the page.

The pages only contain a patient’s name, type of test, appointment time and location in the visible portion, but through the developer tools panel of a web browser it is possible to access other data, including date of birth, address, email address, phone number, and gender identity. Since the OrderID and the name of the lab that performed the test is also included in the data, it would be possible to access the test result, at least at one of Walgreens’ lab partners’ test result portals.

An active page could be viewed by an unauthorized individual if using a computer of someone who had booked a test via their Internet history. An employer, for instance, could view the information if the page was accessed on a work computer. The data would also be accessible to the third-party ad trackers present on the Walgreens appointment confirmation pages. Researchers note that the confirmation pages have ad trackers from Adobe, Dotomi, Facebook, Akami, Google, Monetate, and InMoment, all of which could potentially access private information.

The URLs of all confirmation pages are the same aside from the unique 32-digit code contained in a “query string”. The researchers said there are likely millions of active appointment confirmation pages since Walgreens has been conducting COVID-19 tests at around 6,000 sites across the United States for almost 18 months.

The researchers suggested a hacker could create a bot to generate 32-digit identification numbers, add them to URLs, and then identify active pages. Considering the number of digits in the URL that would be a lengthy task, but it is not beyond the realm of possibility.

“Any company that made such basic errors in an app that handles health care data is one that does not take security seriously,” said Ruiz to Recode. “It’s just another example of a large company that prioritizes its profits over our privacy.”

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