"Is Privacy Obsolete" Study Group Page"

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Links

• Work Space
• Gforge Library
• Is Privacy Obsolete? The IPO? Listserve is an open mailing list that all are open to join. One does not need to be a member of HL7 or the Security WG. You can find it on the HL7 Security WG mailing lists page. http://www.hl7.org/Special/committees/secure/listserv.cfm

Study Group Mission and Scope

• Study Group PSS - TBD

Deliverables

• IIs Privacy Obsolete Jan 2018 WGM ppt by Mike Davis
• Is Privacy Obsolete Jan 2018 WGM ppt by Mike Davis
• Breach Analysis Spreadsheet by Mike Davis
• BIOMETRICS: Balancing Privacy with Innovation by Devon Connor Green.

Reference Material

ONC Examining Oversight of the Privacy & Security of Health Data Collected by Entities Not Regulated by HIPAA This Report: 1) analyzes the scope of privacy and security protections of an individual’s health information for these new and emerging technology products that are not regulated by HIPAA; 2) identifies key gaps that exist between HIPAA regulated entities and those not regulated by HIPAA; and 3) recommends addressing those gaps in a way that protects consumers while leveling the playing field for innovators inside and outside of HIPAA...This Report focuses on “mHealth technologies” and “health social media.” The former includes entities that collect or deal in personal health records (PHRs)5 and cloud-based or mobile software tools that intend to collect health information6 directly from individuals and enable sharing of such information, such as wearable fitness trackers. The latter includes internet-based social media sites on which individuals create or take advantage of specific opportunities to share their health conditions and experiences. Taken together, these mHealth technologies and health social media that are outside the scope of HIPAA are referred to as “non-covered entities” or NCEs. This Report does not cover products, services, and data sources where health information is derived from other data (such as GPS reporting, where one can infer an individual’s physical activity, 7 or air quality reporting data from which respiratory health might be inferred), or information casually disclosed by individuals, such as a personal Facebook post that one has the flu. Products that may meet the definition of a device under section 201(h) of the Federal Food, Drug, and Cosmetic Act (FD&C Act), such as apps that can control the inflation and deflation of a blood pressure cuff or the delivery of insulin on an insulin pump, also are not discussed here, though these tools also may not be regulated by HIPAA.

• Security WG review of FHIR Bulk Data Transfer Privacy and Security Concerns

Library

From Mike Davis, VHA Security Architect

• Breaches References
• Breaches Spreadsheet
• Is Privacy Obsolete? Report out presentation for January 2018 WGM.
• Is Privacy Obsolete White Paper January 2018

International Breaches

• Aadhaar: 'Leak' in world's biggest database worries Indians Indian officials in charge of a controversial biometric identity scheme have filed a police complaint after a report that citizens' personal details were being sold for as little as 500 rupees ($7.8;£5.8) online.
• 10 Largest Healthcare Data Breaches covered by HealthData Management 2017affecting nearly 1.9 million individuals.

India Privacy Law Changes

Thanks to Adrian Gropper for bringing this up

• India Supreme Court rules privacy a 'fundamental right' in landmark case Augues 24, 2017
• Privacy Laws in India and Privacy Rules and Regulations in India
• Privacy is not a right in India: What that means for the industry

ISO Proposed Consumer Protection Standard for Privacy by Design of Consumer Goods and Services

• Outline Description of Consumer Protection Privacy by Design
• Form 4 Consumer Protection Privacy By Design: ISO New Work Item Proposal
• List of potential sections in a consumer protection standard for privacy by design of consumer goods and services
• GDPR Guide referenced by this project

From Chris Shawn, Security Cochair, VA

Another article that may be relevant to the “Is privacy dead?” question:

“In practice, this means that we can no longer expect a meaningful difference between observability and identifiability — if we can be observed, we can be identified.”

https://www.nytimes.com/2017/10/05/opinion/privacy-rights-security-breaches.html?mwrsm=Email

From Diana Proud-Madruga (Electrosoft

• Privacy and Data Security Violations - What's the Harm?
• Privacy and Data Security Violations - What's the Harm?- by Solove - pdf
• Why Law often doesn't recognize Privacy and Data Security Harms
• Why Law often doesn't recognize Privacy and Data Security Harms by Solove - pdf
• Do Privacy Violations and Data Breaches Cause Harm?
• How Should the Law handle Privacy and Security Harms
• Is privacy dead in an online world - BBC News.pdf
• [7] docman/Security%20White%20Papers/Is%20Privacy%20Obsolete%20Study%20Group%20Library/info-accountability-cacm-weitzner.pdf Information Accountability cacm Weitzner, Abelson, Bereners-Lee, Feigenbaum, Jendler, and Sussman]
• Privacy as Business Opportunity - GDPR
• VA Data Breach

Devon Connor Green HL7 Norway, Privacy Attorney

• BIOMETRICS: Balancing Privacy with Innovation
• Why a right to explanation of automated decision-making does not exist in GDPR - Brief: Much was supposedly promised wrt to a consumer having prospective rights to explanation of big data algorithm decision making logic, which might impact, and retrospective rights to know exactly how the algorithm was used to make a decision about a consumer , e.g., credit rating. which has been broadcasted by government and media. Unfortunately, per this pretty detailed analysis, this GDPR safeguard is relatively toothless.
• Why is this company tracking where you are on Thanksgiving?A data collection service called SafeGraph collected 17 trillion location markers for 10 million smartphones during the holiday last year.
• The UK’s ICO Clarifies Myths Around GDPR Consent - Excerpt: Do you need consent to process personal data?

One of the most popular myths about the new European General Data Protection Regulations is that companies must have consent to process people’s personal data. According to the ICO: “Consent under the current data protection law has always required a clear, affirmative action – the GDPR clarifies that pre-ticked opt-in boxes are not indications of valid consent. The GDPR is also explicit that you’ve got to make it easy for people to exercise their right to withdraw consent.  The requirement for clear and and plain language when explaining consent is now strongly emphasised. And you’ve got to make sure the consent you’ve already got meets the standards of the GDPR. If not, you’ll have to refresh it.” But how can data only be processed if an organisation has explicit consent to do so? The answer to this is that the rules around consent only apply if you are relying on consent to process personal data, i.e. consent is only one way to comply with GDPR, there are others. For data processing to be lawful in the new General Data Protection Regulations, companies and organisations need to identify a lawful basis before starting. There are five other ways in the main (as well as consent):

• Processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract
• Processing is necessary for compliance with a legal obligation
• Processing is  necessary to protect the vital interests of a data subject or another person
• Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
• Necessary for the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject

This means that consent is not the only basis on which an organization can process personal data under the new European General Data Protection Regulations.

ISTPA

International Security, Trust and Privacy Alliance

• ISTPA Privacy Tools & Technology FAQ January 20, 2003
• ISTPA Privacy Framework FAQ
• Managing Information Privacy Developing a Context for Security and Privacy Standards Convergence(ISTPA Privacy Framework ISO 20886)Robbins & Sabo
• Analysis of Privacy Principles: Making Privacy Operational v.2 2007
• ISTPA Privacy Framework v.1.1 2002
• Managing Privacy and Information by Sabo
• [https://gforge.hl7.org/gf/project/security/docman/Security%20White%20Papers/Is%20Privacy%20Obsolete%20Study%20Group%20Library/ISTPA/OASIS-Sabo-102207.ppt OASIS Data Privacy and�Government-Private Sector Information Sharing Systems for Critical Infrastructure Protection]�
• HHS Kolodner Privacy and Security Framework

Sharing with Protections - a New Paradigm

• Moving beyond Protection from Sharing in the age of Big Data, Learning Health System, and Health IOT

Balancing Clinician Need to Know (N2K) and Patient Privacy Expectations

• Examining Oversight of the Privacy & Security of Health Data Collected by Entities Not Regulated by HIPAA
• Care Teams Consent Attributes and Security Labels
• Care Team Provisioning for LHS.pptx Care Team ABAC Provisioning
• Care Team ABAC Provisioning Table Example
• Healthcare Team Model Glossary
• Cambridge_Health_Alliance_Team-Based_Care_Toolkit

Theresa Årdal Connor Privacy Attorney Norway

Pertinent EU Links

• HIMSS - What Healthcare Organizations need to know about the GDPR and HIMSS Presentation recording
• Dutch referendum: Spy tapping powers 'rejected'
• Data retention legislation in Europe
• German Justice Minister demands Facebook explain data scandal
• Table of EU Data Retention Issues
• EU Data Breaches June 2017

Breach Investigations, Court Cases, Legistation, and Finds

• Data breach victims can sue Yahoo in the United StatesBy Jonathan Stempel, Reuters 3/12/2018. Yahoo has been ordered by a federal judge to face much of a lawsuit in the United States claiming that the personal information of all 3 billion users was compromised in a series of data breaches.In a decision on Friday night, U.S. District Judge Lucy Koh in San Jose, California rejected a bid by Verizon Communications Inc., which bought Yahoo's Internet business last June, to dismiss many claims, including for negligence and breach of contract.
• 2017 Updated State Data Breach Laws Account for Medical Information By Elizabeth Snell Health IT Security December 29, 2017 State data breach laws can be critical for protecting sensitive data, and healthcare organizations must ensure they adhere to them along with federal regulations. The data breach notification process is a crucial aspect to state law, and can lead to settlements should entities fail to adhere to state requirements. With large-scale data breaches continuing to be a regular occurrence in numerous industries – including healthcare – more states are updating their data breach response process. More states are also beginning to account for medical information and data protected under HIPAA regulations. Nearly every state has its own state data breach notification law in place, and there has even been a push in 2017 for one standardized national notification law.
• $2.3M OCR Settlement Reached for 21st Century Oncology Data BreachOCR found in its investigation that 21CO impermissibly disclosed the PHI of 2,213,597 of its patients and “failed to conduct an accurate and thorough assessment of the potential risks and vulnerabilities to the confidentiality, integrity, and availability of the ePHI.” 21CO also failed to implement security measures to reduce risks and vulnerabilities and failed to implement procedures to regularly review information system activity. This included having audit logs, access reports, and security incident reports. The organization also disclosed PHI to its business associates without having a proper business associate agreement in place, according to OCR.
• What Should Entities Expect with OCR HIPAA Enforcement? By Elizabeth Snell November 02, 2017 - There have been nine OCR HIPAA enforcement settlements so far in 2017, highlighting the need for covered entities and business associates to focus on audit controls, risk management, and business associate agreements. While there has been a new administration leading the way, healthcare data privacy and security experts do not expect an exceedingly different approach when it comes to ensuring entities remain compliant. Under the current administration, OCR is taking a “back-to-basics” approach in terms of enforcement, Meisinger told HealthITSecurity.com. Rather than making policy statements, the agency is interested in enforcement.
• Single National Data Breach Notification Standard ProposedBy Elizabeth Snell HealthData Management October 13, 2017 “This bill will replace the patchwork of 48 state breach notification laws with a single nationwide standard that would clarify and strengthen companies’ obligations to report intrusions that compromise consumers’ personal information,” Langevin stated. “Americans put a lot of trust in companies by giving them personal and private information, and they should have confidence that their data is secure.”
• New York Reaches $1.15M Settlement over Aetna Data BreachBy Elizabeth Snell HealthData Management January 26, 2018 - New York Attorney General Eric Schneiderman announced that a $1.15 million settlement has been reached following the Aetna data breach that occurred in 2017. Aetna sent letters to patients in the mail back in July 2017. Information about ordering prescription HIV drugs was clearly visible through the envelope's clear window, with approximately 12,000 individuals total being impacted by the incident.T he HIV status of 2,460 New Yorkers was exposed, according to Schneiderman. Aetna will need to pay the civil penalty and develop and maintain enhanced operating procedures with regard to protecting PHI and personally identifiable information (PII) in mailings. The organization will also be required to hire an independent consultant to monitor and report on the settlement’s injunctive provisions Through its own carelessness, Aetna blatantly violated its promise to safeguard members’ private health information,” Schneiderman said in a statement. “Health insurance companies handle personal health information on a daily basis and have a fundamental responsibility to be vigilant in protecting their members. We won’t hesitate to act to ensure that insurance companies live up to their responsibilities to the New Yorkers they serve.”

Facebook and Cambria Analytica

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• Facebook under pressure as U.S., EU urge probes of data practices By Dustin Volz and Munsif Vengattil3/19/2018 (Reuters) - Facebook Inc Chief Executive Mark Zuckerberg faced calls on Monday from U.S. and European lawmakers to explain how a consultancy that worked on President Donald Trump's election campaign gained improper access to data on 50 million Facebook users.
• [Cambridge Analytica researcher touted data-mining in Russia speech https://www.fidelity.com/news/article/default/201803201101CNN_____MONEY____-2018-03-20-technology-aleksandr-kogan-video-facebook-cambridge-analytica-index_html?srcIndex=2 Cambridge Analytica researcher touted data-mining in Russia speech] by Marshall Cohen, CNNMoney.com 3/20/2018. The researcher at the center of the Cambridge Analytica data-mining scandal touted controversial techniques at a lecture four years ago in Russia, despite downplaying the methods in an email to colleagues after his work attracted international scrutiny.
• Cambridge Analytica researcher touted data-mining in Russia speech
• Cambridge Analytica CEO suspended after taking credit for Trump campaign on video
• 'Utterly horrifying': ex-Facebook insider says covert data harvesting was routine by Paul Lewis The Guardian March 20.2018. Sandy Parakilas in San Francisco. ‘It has been painful watching. Because I know that they could have prevented it.’ Hundreds of millions of Facebook users are likely to have had their private information harvested by companies that exploited the same terms as the firm that collected data and passed it on to Cambridge Analytica, according to a new whistleblower.
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International Hacks

• US Reports North Korea Caused WannaCry Ransomware Attack By Elizabeth Snell Health IT Security January 02, 2018. The WannaCry ransomware attack that affected numerous sectors around the world, including healthcare organizations, was caused by North Korea, according to Tom Bossert, assistant to the president for homeland security and counterterrorism. Bossert explained in a Wall Street Journal op-ed that North Korea was directly responsible for the cyber attack that “encrypted and rendered useless hundreds of thousands of computers in hospitals, schools, businesses and homes.”
• 10 largest breaches that HealthData Management covered in 2017 affecting nearly 1.9 million individuals.
• Hackers halt plant operations in watershed cyber attack Dec 14 (Reuters) - Hackers likely working for a nation-state recently invaded the safety system of a critical infrastructure facility in a watershed attack that halted plant operations, according to cyber investigators and the firm whose software was targeted.

Unwarranted Surveillance

• The House That Spied on Me By Kashmir Hill and Surya Mattu. This story was produced with support from the Mozilla Foundation as part of its mission to educate individuals about their security and privacy on the internet. "I thought the house would take care of me but instead everything in it now had the power to ask me to do things. Ultimately, I’m not going to warn you against making everything in your home smart because of the privacy risks, although there are quite a few. I’m going to warn you against a smart home because living in it is annoying as hell."
• Chinese police spot suspects with surveillance sunglassesPolice in China have begun using sunglasses equipped with facial recognition technology to identify suspected criminals. The glasses are connected to an internal database of suspects, meaning officers can quickly scan crowds while looking for fugitives. But critics fear the technology will give even more power to the government. The sunglasses have already helped police capture seven suspects, according to Chinese state media. Police used the new equipment at a busy train station in the central city of Zhengzhou to identify the suspects. The seven people who were apprehended are accused of crimes ranging from hit-and-runs to human trafficking.

Counter Points

• Cash is still king in the digital era

Study Group Members

x	Member Name		x	Member Name		x	Member Name		x	Member Name
x	Mike Davis - Study Group Lead		x	Christopher ShawnSecurity Co-chair		x	Kathleen ConnorSecurity Co-chair		.	Trish WilliamsSecurity Co-chair
x	John MoehrkeSecurity Co-chair		x	Suzanne Gonzales-Webb		x	David Staggs		x	Diana Proud-Madruga
.	Mohammed Jafari		.	Beth Pumo		.	[1]		x	[2]
x	[3]		.	[4]		x	[5]		.	[6]