and arguably, the most alarming statistic shows that 96 percent of organizations participating in the study has at least one data breach in the past 24 months. “last year’s report said the average was three per organization in the same time frame.” additionally, the cost of a data breach within the past two years has increased $200,000. this is the second annual benchmark study conducted by the institute, and since its first look into patient privacy and data security, the frequency of breaches among organizations increased 32 percent. seeing as lost or stolen devices is the number one cause of a data breach, study authors asked participants if their organizations use mobile devices to collect, store, and/or transmit phi. and according to their findings, 81 percent say this is the case, and only of the participants don’t do anything to protect these mobile devices.
just 29 percent of respondents agreed the prevention of unauthorized access to patient data and loss or theft of such data is a priority in their organizations. a majority of the study’s participants have little (30 percent) or no confidence (25 percent) in their organization’s ability to detect all privacy incidents, and an even higher percentage have little (33 percent) or no confidence (24 percent) in their organizations’ ability to detect all patient data loss or theft. the study’s respondents reported an average economic impact of a data breach to be $2.2 million, which is up 10 percent from last year. the average lifetime value of one lost patient (or customer) is $113,400, which is an increase from $107,580 last year. according to 51 percent of study participants, employees are the group most likely to detect a data breach. “once a breach is discovered, 83 percent of hospitals say that it takes in excess of one to two months to notify effected patients,” the report read.
the intent of this chapter1 is to define privacy and to delineate its importance to individuals and society as a whole. there are a variety of reasons for placing a high value on protecting the privacy, confidentiality, and security of health information (reviewed by pritts, 2008). individuals are more likely to participate in and support research if they believe their privacy is being protected. in a 1999 survey of consumer attitudes toward health privacy, three out of four people reported that they had significant concerns about the privacy and confidentiality of their medical records (forrester research, 1999). in one survey, 70 percent of respondents indicated that they are generally satisfied with how their personal health information is handled with regard to privacy protections and security. a few studies have attempted to examine the public’s attitudes about the use of health information in research. studies indicate that public support for research and willingness to share health information can vary with the purpose or type of activity being conducted (reviewed by pritts, 2008). however, about 70 percent of all respondents indicated that they trusted health researchers to protect the privacy and confidentiality of the medical records and health information they obtain about research participants. studies indicate that public support for research and willingness to share health information varies with health status and the type of research conducted, and depends on the patients’ trust that their information will be kept private and confidential. some allow the disclosure of health information for research without the individual’s permission and others require such permission.
many researchers who rely on protected health information (phi)12 to conduct health research are not covered entities, and thus are not required to implement any of the security requirements outlined in the security rule. regardless of whether the hipaa security rule is actively enforced, the other gaps in the hipaa security rule’s protection of personal health information are problematic because enhanced security is necessary to reduce the risk of data theft and to reinforce the public’s trust in the research community by diminishing anxiety about the potential for unintentional disclosure of information. in addition, the federal government should support the development of technologies to enhance the security of health information. the electronic device is intended to be used by individuals to aggregate all of their health information into one location (i.e., the electronic device). these problems are sufficiently serious that the use of this technology is unlikely to offer a satisfactory solution to the privacy and security concerns in health research (brands, 2007). the benefit of using pseudonymization in health research is that it protects individuals’ identities while allowing researchers to link personal data across time and place by relying on the pseudo-ids. as part of the process of implementing this principle into the federal oversight regime of health research, the committee recommends that all institutions in the health research community that are involved in the collection, use, and disclosure of personally identifiable health information should take strong measures to safeguard the security of health data. the publication of best practices and outreach to all stakeholders by hhs, combined with a cooperative approach to compliance with security standards, such as self-evaluation and audit programs, would promote progress in this area. both federal and state constitutions generally afford citizens some protection for the privacy of their health information. the shift to statutory and regulatory protections for health information was largely a response to the changing nature of recordkeeping in general, and of the nature of the provision of health care. however, covered entities are only required to protect against reasonably anticipated threats or hazards to the security of the data, and reasonably anticipated uses or disclosures of such information that are not permitted under the privacy rule.
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