Forensic protocols are procedures and guidelines used to provide an accurate analysis of evidence in legal and investigative scenarios. These protocols are often applied after a breach occurs, allowing for an analysis of what caused a breach and how it can be prevented.
What are forensic protocols?
Forensic protocols define the methods for handling evidence, including physical or digital, during an investigation. In healthcare, the protocols ensure digital evidence like system logs, access records, and breach timelines are collected and analyzed without compromise.
According to a study published in IEEE Access, “The most significant objective of digital forensics is to gather evidence to respond to the 5Ws and How (5WH) questions: what occurred, who was involved, and when, where, why, and how an incident occurred.”
They outline the steps for identifying the breach’s source, assessing its scope, and avoiding further risk. The protocols also aid in accountability by assuring those impacted by a breach that steps will be taken to improve cybersecurity.
How it works
- After the breach the affected systems are isolated to prevent further unauthorized access or data loss.
- Store systems, access records, and other digital evidence are collected and secured to maintain a chain of custody.
- The origin and entry points of the breach are analyzed using forensic tools.
- The scope of the breach is evaluated, including the type and amount of data accessed or exposed.
- Affected parties should be informed, by regulatory authorities, and other relevant entities promptly.
- The tactics, techniques, and procedures used by attackers are used to enhance the understanding of the breach.
- Security gaps are patched and systems are updated to prevent possible reoccurrences.
- Detailed records of all steps taken during the investigation and response for compliance purposes.
Is a forensic protocol always necessary after a breach?
A forensic protocol is not always necessary after every data breach but it can be useful for breaches that are larger in scale. Breaches that result in the compromise of large volumes of data should be investigated. The Change Healthcare breach, for instance, involved unauthorized access to protected health information (PHI) of millions and operational delays.
Through large-scale reporting and the intervention of the HHS OCR, this breach resulted in a closer look at the legislative environment surrounding cybersecurity and data breaches. Forensic analysis is a necessary part of breaches like this because it can uncover the breach’s origin and mitigate the potential trickle-down effect of ransomware attacks.
Internal investigations generally do not have the same level of credibility. By working with a forensics firm, organizations can help prove to the public that they took the event seriously and are prepared to improve cybersecurity.
Related: HIPAA Compliant Email: The Definitive Guide
FAQs
What is the Breach Notification Rule?
The Breach Notification Rule is a standard by HIPAA requiring that covered entities and their business associates notify affected individuals the HHS, and sometimes the media when there is a breach of unsecured PHI.
When is a breach protocol enacted?
It is enacted when a breach of unsecured PHI is discovered. It means there has been unauthorized access, use, or disclosure of PHI.
Why are healthcare organizations often targeted in data breaches?
There are many reasons healthcare organizations are valuable to cybercriminals. These include:
- The value of data
- The operational pressure
- Potential security gaps
- The volume of data
Kirsten Peremore
