What are the notification requirements after a breach?

Breach notifications are important because they alert individuals whose personal data may have been compromised, helping them take necessary precautions to protect themselves from potential harm. These notifications are required by many laws and regulations.

Across the United States, comprehensive breach notification laws exist at both state and federal levels, covering a wide range of sensitive information. These laws require notifications for breaches involving Social Security numbers, financial account details, healthcare information, government identifiers, and online account credentials. While requirements vary by jurisdiction, the core purpose remains consistent: empowering individuals to take necessary precautions to protect themselves from potential harm resulting from data exposure.

Laws and regulations 

The General Data Protection Rule (GDPR) requires that data controllers notify the Data Protection Authority (DPA) of data breached within 72 hours of being aware of it. The notice should include details about the breach and actions taken to resolve it. 

HIPAA Breach Notification Rule requires covered entities and their business associates to notify affected individuals, the Secretary, and sometimes the media following a breach of unsecured protected health information.

Elements of a breach notification

• Timing of the notification: HIPAA requires that covered entities report a data breach within 60 days of discovering them, and the GDPR requires that data handlers provide notice of a breach with 72 hours of being aware of it. 
• Content of notification: Both HIPAA and the GDPR require that a breach notification include a clear description of the nature of the, name and contact details of the data protection officer, descriptions of the likely consequences of the breach, and measure taken to resolve and present further effects of teh breach. 
• Method of notification: Both HIPPA and the GDPR require that notification be sent to authorities such as the HHS and DPA respectively. However, HIPAA also requires that appropriate notification be provided though a HIPAA Breach Notification Letter, and only requires that the media be notified if more than 500 individuals are affected by the breach. 

Steps for notification

Identify the breach: Quickly identifying and assessing a HIPAA and GDPR breach helps in containing the incident, assessing the impact, and initiating corrective measures. A quick and organized response can limit the damage of a breach and ensure compliance with regulatory requirements

Evaluate the impact: Evaluating risks and vulnerabilities can help healthcare organizations reduce further breach likelihood and demonstrate regulatory compliance.

Notify affected parties: According to the Breach Notification Rule covered entities must notify affected individuals. The notification must be sent within 60 days of the breach discovery, and the format and content of the notification letter should adhere to specific guidelines. 

Notify authorities: HIPAA requires that notification be sent to the Office of Civil Rights (OCR), and the GDPR requires that notifications be sent to Information Commissioner’s Office (ICO). 

Public disclosure: The Breach Notification Rule only requires that the media be notified if more than 500 individuals are affected. 

FAQs

What are the potential consequences of failing to meet breach notification requirements? 

Consequences can include legal penalties, fines, and damage to the organization's reputation.

What is the difference between HIPAA and GDPR?

HIPAA is a U.S. law focused on protecting healthcare data, while GDPR is an EU regulation covering all personal data. GDPR requires explicit consent and imposes stricter penalties for non-compliance compared to HIPAA.

How does an organization determine the severity of a breach?

To determine the severity of a breach, organizations should consider factors such as the type of data compromised, the number of affected individuals, the potential impact on the organization, and the intent behind the breach.