Breach Notification White Paper

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Breach Notification

The confidentiality of medical and personal information of every patients or other individual is a serious issue in the health sector. However, governments such the United States and European Union have put into operation data breach notification rules that cover the health care fraternity. Therefore, breach notification can be defined as rules and regulation which protects or control the unlawful access to data of an individual (Jim Tiller, 2011).

Mostly data breach normally occurs when there is a loss or theft of or access to unauthorized information with sensitive private information which might result to comprise of confidentiality or integrity of the data. Therefore, the United States (U.S.) and the European Union (EU) enacted laws to regulate the breach of personal data of patients. (Gina Stevens, 2012). For example, in the United States, "HITECH Act, Pub L. 111-5 Title XIII," was the first federal health breach notification law to be initiated to protect personal data. In Europe, the governments enacted European Union Privacy Directive, 2009/136/EC which called for tougher privacy protection for data held by electronic communication providers (Gina Stevens, 2012).

However, in last decade several cases of healthcare breach have been reported, with a number of them ending before the court of law. Therefore, according to Howard Anderson (2009) on Healthcare Tally breach, he stated that in September 2009 approximated four hundred and nine cases were reported which affected 19.2 million individuals across the United States (Howard Anderson, 2009).

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The cases graphically scaling yearly, because early January 2011 alone more than one hundred and forty five breaches were reported and the trend continues to scale up. Therefore, the right laws and strict measures are needed to ensure that the law is adhered to in away to safe the confidentiality of the personal data (Howard Anderson, 2009).

Moreover, the breach notification is categorized as major and minor depends with magnitude of the effects it causes. These however caused by hacking, some involve "Tricare," carelessness in handle healthcare information, breach of ethnic code which state the confidentiality of personal data stored by healthcare facilities across the country. Again, some of the data breach is caused by employees, when he/she reviles the content of patient's data in the hospital. Therefore, HIPAA Privacy Rule has been enacted to restore confidence in health care sector (Jim….....

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