Navigating Health Care Data Management: Proposed Changes to HIPAA’s Privacy Rule – The National Law Review
Rule on Confidentiality of Substance Use Disorder Patient Records – The National Law Review
42 C.F.R. Part 2 Final Rule to Align with the HIPAA Privacy Rules – The National Law Review
42 C.F.R. Part 2 Final Rule to Align with the HIPAA Privacy Rules – The National Law Review
Cyberattacks Have Increased but Ransomware Attacks Have Declined in 2024
IT professionals and security executives believe cyberattacks have increased since 2023 according to a recent survey by Keeper Security. The cybersecurity firm surveyed 800 IT leaders globally, and 92% said they thought cyberattacks have increased in the past year with 95% saying that cyberattacks have become so sophisticated that they feel unprepared to deal with emerging threat vectors such as AI-based attacks (35%), deepfakes (30%), leveraged 5G networks (29%), unauthorized cloud control (25%), and fileless attacks (23%). It is not only external threat actors that are conducting attacks, as 40% of respondents said they have experienced a cyberattack caused by an insider. The main types of attacks that have increased in frequency are phishing (51%), malware (49%), ransomware (44%), and password attacks (31%). A majority of IT professionals said phishing and smishing attacks have become much harder to detect, which many attribute to the use of generative AI by cybercriminals.
There was a surge in ransomware attacks in 2023; however, attacks have fallen in 2024 according to the Israeli cybersecurity firm Cyberint. In 2023, there was a 55.5% increase in victims of ransomware attacks, with 5,070 organizations reporting attacks in 2023 and 1,309 reported attacks in Q4 alone. However, in Q1, 2024, only 1,048 have been reported, down 22% from Q4, 2023.
Cyberint offers several possible explanations for the decline. There has been increased law enforcement activity, including two operations targeting two of the most active groups, LockBit and ALPHV, that disrupted their operations. In the case of LockBit, the disruption was particularly short, with the group claiming to have rebuilt its infrastructure within a week of the takedown. In Q1, 2024, 210 attacks were attributed to LockBit showing that the disruption was only temporary. In December 2023, a law enforcement operation seized some of the infrastructure of the ALPHV group, and while the group remained active, only 51 attacks were confirmed in Q1, 2024, down from 109 attacks in Q4, 2024. The group also recovered quickly and, in response, removed restrictions for affiliates, and actively encouraged attacks on healthcare targets. The ALPHV group has now shut down following the attack on Change Healthcare, although ALPHV is expected to rebrand and return.
Cyberint also suggests that the decreasing number of victims paying ransoms has made ransomware attacks less profitable, leading some affiliates to pursue other sources of income. Data from the ransomware remediation firm Coveware shows ransom payments fell to a record low in Q4, 2023, with only 29% of victims choosing to pay the ransom. Ransom payments have also fallen to an average payment in Q4, 2023 of $568,705, a 33% decrease from the previous quarter.
While some groups appear to have shut down their operations, several new groups have emerged. In Q1, 2024, Cyberint tracked the emergence of 10 new ransomware groups. While these groups have not been conducting attacks on the scale of ALPHV, there is the potential for them to scale up their operations. One of those groups, RansomHub, is attempting to extort Change Healthcare, and claims it has the data stolen in its ALPHV ransomware attack.
While the reduction in ransomware attacks is good news, it is too early to tell whether the decline will continue or if it is just a blip. What is more certain is that, in the short term at least, ransomware is likely to continue to be one of the biggest cyber threats faced by organizations.
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Children’s Healthcare of Atlanta Sued for Disclosing Health Information to Facebook – HIPAA Journal
Children’s Healthcare of Atlanta Sued for Disclosing Health Information to Facebook
Children’s Healthcare of Atlanta is one of the latest healthcare providers to face a class action lawsuit over the use of website tracking technologies. According to the lawsuit, Children’s Healthcare of Atlanta added Meta pixel tracking code to its CHOA.org website and its MyChart patient portal. The tracking code was used by Children’s Healthcare of Atlanta to collect data to use for marketing purposes and transmitted the collected data to Facebook and was used to serve targeted ads.
The lawsuit was filed in the Superior Court of DeKalb County State of Georgia and alleges the tracking code was knowingly configured to collect user data from the website and patient portal, and that the code transmitted data to Facebook, including sensitive health information such as information about patients’ health concerns, appointment details, and treatments. The information was not anonymous, as it was tied to individuals via identifiers such as IP addresses, Facebook IDs, and browser and device information.
The lawsuit alleges that the addition of the tracking code to the website and patient portal, and the subsequent disclosures of protected health information to Facebook, violated the Health Insurance Portability and Accountability Act (HIPAA) and the Children’s Healthcare of Atlanta privacy policy. The plaintiff, who filed the lawsuit individually and on behalf of her two children, alleges that at no point was she told that Children’s Healthcare of Atlanta would be sharing her and her children’s data with third parties for profit, did not provide her consent, and was not made aware that the data would be provided to Facebook, which the lawsuit described as, “a company with a sordid history of violating consumer privacy in pursuit of ever-increasing advertising revenue.”
The lawsuit alleges the plaintiff and class members have been harmed by the disclosures, including but not limited to an invasion of their privacy rights, and bring causes for negligence, negligence per se, invasion of privacy, breach of implied contract, unjust enrichment, breach of fiduciary duty, breach of confidence, and bailment. The lawsuit seeks damages and other relief that the court deems just and proper. The plaintiff and class are represented by attorneys from the law firms Alonso Wirth; Cohen & Malad; Stranch, Jennings & Garvey; and Turke & Strauss.
A lawsuit against Seattle Children’s Hospital (SCH) that made similar allegations with respect to the use of Meta pixel was recently dismissed with prejudice by a Washington court. Seattle Children’s Hospital successfully argued that it only transmitted anonymous data to third parties, stated disclosures of anonymous data to third parties in its privacy policy, and that it had not added tracking code to its patient portal. SCH said any identifiable information that was disclosed was due to the plaintiffs using browsers that allowed them to be identified, for which they gave their consent.
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