Breach Notification Requirements
Following a breach of unsecured protected health information, covered
entities must provide notification of the breach to affected
individuals, the Secretary, and, in certain circumstances, to the media.
In addition, business associates must notify covered entities if a
breach occurs at or by the business associate.
Individual Notice
Covered entities must notify affected individuals following the
discovery of a breach of unsecured protected health information. Covered
entities must provide this individual notice in written form by
first-class mail, or alternatively, by e-mail if the affected individual
has agreed to receive such notices electronically. If the covered
entity has insufficient or out-of-date contact information for 10 or
more individuals, the covered entity must provide substitute individual
notice by either posting the notice on the home page of its web site for
at least 90 days or by providing the notice in major print or broadcast
media where the affected individuals likely reside. The covered entity
must include a toll-free phone number that remains active for at least
90 days where individuals can learn if their information was involved in
the breach. If the covered entity has insufficient or out-of-date
contact information for fewer than 10 individuals, the covered entity
may provide substitute notice by an alternative form of written notice,
by telephone, or other means.
These individual notifications must be provided without unreasonable
delay and in no case later than 60 days following the discovery of a
breach and must include, to the extent possible, a brief description of
the breach, a description of the types of information that were involved
in the breach, the steps affected individuals should take to protect
themselves from potential harm, a brief description of what the covered
entity is doing to investigate the breach, mitigate the harm, and
prevent further breaches, as well as contact information for the covered
entity (or business associate, as applicable).
With respect to a breach at or by a business associate, while the
covered entity is ultimately responsible for ensuring individuals are
notified, the covered entity may delegate the responsibility of
providing individual notices to the business associate. Covered
entities and business associates should consider which entity is in the
best position to provide notice to the individual, which may depend on
various circumstances, such as the functions the business associate
performs on behalf of the covered entity and which entity has the
relationship with the individual.
Media Notice
Covered entities that experience a breach affecting more than 500
residents of a State or jurisdiction are, in addition to notifying the
affected individuals, required to provide notice to prominent media
outlets serving the State or jurisdiction. Covered entities will likely
provide this notification in the form of a press release to appropriate
media outlets serving the affected area. Like individual notice, this
media notification must be provided without unreasonable delay and in no
case later than 60 days following the discovery of a breach and must
include the same information required for the individual notice.
Notice to the Secretary
In addition to notifying affected individuals and the media (where
appropriate), covered entities must notify the Secretary of breaches of
unsecured protected health information. Covered entities will notify the
Secretary by visiting the HHS web site and filling out and electronically submitting a breach report form.
If a breach affects 500 or more individuals, covered entities must
notify the Secretary without unreasonable delay and in no case later
than 60 days following a breach. If, however, a breach affects fewer
than 500 individuals, the covered entity may notify the Secretary of
such breaches on an annual basis. Reports of breaches affecting fewer
than 500 individuals are due to the Secretary no later than 60 days
after the end of the calendar year in which the breaches are discovered.
| In today's digital landscape, data breaches are an unfortunate reality that businesses of all sizes must contend with. A single security lapse can lead to significant financial losses, reputational damage, and legal headaches. While prevention is paramount, having a clear and well-defined data breach reporting procedure is crucial for minimizing the fallout when the inevitable happens. This article will guide you through the essential steps your business needs to take. Why a Solid Breach Reporting Procedure is Non-Negotiable Data breaches are not just a concern for large corporations; they affect small and medium-sized businesses (SMBs) just as much, if not more so. A robust reporting procedure serves multiple critical purposes: Compliance with Regulations: Various data privacy regulations, like GDPR, CCPA, and others, mandate specific reporting timelines and requirements. Failure to comply can result in hefty fines and legal action.Minimizing Damage: Swift and decisive action can significantly limit the scope ...read more |
| In today's interconnected world, data breaches are an unfortunate reality. Whether it's a sophisticated cyberattack or a simple human error, the unauthorized access to sensitive information can have devastating consequences for individuals and organizations alike. While prevention is paramount, knowing how to respond effectively in the aftermath of a breach is equally critical. A key aspect of that response is data breach reporting. Why is Data Breach Reporting So Important? Data breach reporting is the process of notifying relevant authorities and affected parties about a security incident that has compromised personal or sensitive data. It's more than just an administrative formality; it's a legal obligation in many jurisdictions and has a profound impact on: Protecting Individuals: Prompt reporting allows affected individuals to take necessary steps to mitigate potential harm, such as changing passwords, monitoring their credit reports, and being vigilant against identity theft.Legal Compliance: Numerous laws and regulations, like ...read more |
| In today's interconnected world, data breaches are an unfortunate reality. Whether it's a sophisticated cyberattack or a simple human error, the unauthorized access to sensitive information can have devastating consequences for individuals and organizations alike. While prevention is paramount, knowing how to respond effectively in the aftermath of a breach is equally critical. A key aspect of that response is data breach reporting. Why is Data Breach Reporting So Important? Data breach reporting is the process of notifying relevant authorities and affected parties about a security incident that has compromised personal or sensitive data. It's more than just an administrative formality; it's a legal obligation in many jurisdictions and has a profound impact on: Protecting Individuals: Prompt reporting allows affected individuals to take necessary steps to mitigate potential harm, such as changing passwords, monitoring their credit reports, and being vigilant against identity theft.Legal Compliance: Numerous laws and regulations, like ...read more |
| Notify individuals. If you quickly notify people that their personal information has been compromised, they can take steps to reduce the chance that their information will be misused. In deciding who to notify, and how, consider: state lawsthe nature of the compromisethe type of information takenthe likelihood of misusethe potential damage if the information is misused For example, thieves who have stolen names and Social Security numbers can use that information not only to sign up for new accounts in the victim’s name, but also to commit tax identity theft. People who are notified early can take steps to limit the damage. When notifying individuals, the FTC recommends you: Consult with your law enforcement contact about the timing of the notification so it doesn’t impede the investigation.Designate a point person within your organization for releasing information. Give the contact person the latest information about the breach, your response, and how ...read more |
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1/21/25 Healthcare Data Breaches and Their Devastating Impact
1/21/25 Your Essential Guide to Data Breach Reporting Procedures
1/21/25 Understanding Your Obligations in Data Breach Reporting
11/16/22 Administrative Requirements and Burden of Proof
11/16/22 Notification by a Business Associat
11/16/22 Breach Notification Requirements
11/16/22 Unsecured Protected Health Information and Guidance
11/16/22 Guidance to Render Unsecured Protected Health Information Unusable, Unreadable, or Indecipherable to Unauthorized Individuals
11/16/22 Definition of Breach
11/16/22 Breach Notification Rule
11/16/22 Notify Individuals
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