The legal liabilities stemming from data breaches are extensive and multifaceted. Beyond fines and lawsuits, organizations risk long-term damage to their reputation and patient trust.
The aftermath of a data breach
Regulatory fines and penalties
- HIPAA (Health Insurance Portability and Accountability Act): In the US, breaches of healthcare data can result in fines ranging from $141 to $71,162 per violation, with a cap of about $2 million per year for repeat violations.
- Other regional laws: Many jurisdictions, such as the California Consumer Privacy Act (CCPA) or the General Data Protection Regulation (GDPR) in the EU, impose penalties for mishandling personal data.
Litigation and class-action lawsuits
- Breach of contract: If the breach violates agreements with customers, vendors, or partners, affected parties may sue for damages.
- Negligence claims: Victims may allege that the organization failed to implement adequate security measures.
- Class actions: If a large number of individuals are affected, they may file a class-action lawsuit seeking compensation for damages like identity theft or emotional distress.
Compensation and settlements
- Organizations may be required to compensate individuals for financial losses, credit monitoring services, or other reparations related to the breach.
Government investigations
- Agencies such as the Federal Trade Commission (FTC) in the US may launch investigations, potentially leading to additional sanctions or mandatory compliance programs.
Read also: HIPAA and the FTC Act
Contractual liabilities
- Breaches can trigger liability under contracts with third parties, especially if the data involved belongs to clients or partners.
Loss of certifications or accreditations
- Non-compliance with data protection standards (e.g., ISO 27001) due to a breach can result in revoked certifications, affecting business operations.
See also: Certificates that can prove HIPAA compliance
Impact on shareholders
- Publicly traded companies may face lawsuits from shareholders if the breach negatively impacts stock value due to poor management or lack of disclosure.
Criminal charges
- In extreme cases, especially when negligence or intentional misconduct is proven, executives or employees may face criminal charges.
Go deeper: Understanding criminal penalties for HIPAA violations
Obligations under data breach notification laws
Failure to notify affected individuals and authorities within the proper timeframes can result in additional penalties. For example, under the HHS, individual notices “must be provided without unreasonable delay and in no case later than 60 days following the discovery of a breach…” Failure to meet this requirement may lead to more strict penalties
Mitigating legal liabilities
Healthcare organizations can take proactive steps to mitigate legal risks associated with data breaches by:
FAQs
What is considered a data breach under HIPAA?
A data breach under HIPAA is the unauthorized access, use, or disclosure of protected health information (PHI) that compromises the privacy or security of the information.
What are the most common causes of healthcare data breaches?
The most common causes include phishing attacks, stolen or lost devices, insider threats, ransomware attacks, and insufficient security measures.
Are healthcare organizations liable for breaches caused by third-party vendors?
Healthcare organizations can be held liable for breaches caused by their vendors.
Go deeper: Who is responsible for a data breach?
Tshedimoso Makhene
