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Breach
2013
Three recent breach disclosures remind us how seldom timely breach notification is enforced under HITECH

Three recent breach disclosures remind us how seldom timely breach notification is enforced under HITECH

Table of Contents

Incident Details

In accordance with Section 13402 of the Health Information Technology for Economic and Clinical Health (HITECH) Act, a breach is considered discovered by a covered entity or a business associate on the first day that the breach is known to them, or should have reasonably been known to have occurred. All notifications mandated by this section must be promptly issued, with a maximum timeframe of 60 calendar days from the discovery of the breach by the involved covered entity or business associate. The burden of proving compliance with notification requirements, including any delayed notifications, lies with the covered entity or business associate as applicable.

Incident

How Did the Breach Happen?

The breach occurred because timely breach notifications were not implemented in accordance with HITECH regulations.

What Data has been Compromised?

The information available does not specify the exact data that was compromised in the three recent breaches that were disclosed.

Why Did the company's Security Measures Fail?

The security protocols of the organization faltered because they did not adhere to the timely breach notification requirements outlined in HITECH.

What Immediate Impact Did the Breach Have on the company?

The breach would have resulted in an immediate loss of trust and credibility from customers and stakeholders due to failure to comply with breach notification deadlines.

How could this have been prevented?

Adhering strictly to the breach notification requirements specified by HITECH and ensuring prompt enforcement of notifications would have been effective in preventing this breach.

What have we learned from this data breach?

It is clear from this incident that upholding breach notification regulations is essential for preserving openness and credibility with those involved.

Summary of Coverage

The exposure of breaches emphasizes the significance of promptly enforcing breach notifications under HITECH to uphold trust and transparency when dealing with data breaches.

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