Category: Email

Exploring the ePrivacy Directive

Leah Sadoian
updated Sep 15, 2023

There are a variety of cybersecurity regulations in Europe, including the ePrivacy Directive, which focuses on enhancing data protection, processing personal data, and privacy in the digital age. This Directive, recently updated with the ePrivacy regulation, continues the European Union’s ongoing efforts to create cohesive and comprehensive European data protection and cybersecurity standards across all member states.

Upgrade your organization’s cybersecurity standards with UpGuard Breachsight >

What is the ePrivacy Directive?

The Privacy and Electronic Communications Directive 2002/58/EC, or the ePrivacy Directive, is a European Union cybersecurity directive on data protection and privacy protection. The current ePrivacy Directive addresses the growing landscape of new digital technologies and electronic communications services. The Directive aims to harmonize national protection of fundamental rights within the EU, including privacy, confidentiality, and free data movement.

The ePrivacy Directive was enacted in 2002. It required each EU Member State to pass its national data protection and privacy laws, regulating essential issues like consent, spam marketing, cookies, and confidentiality.

Key Components of the ePrivacy Directive

Since the ePrivacy Directive focuses on the protection of online privacy in the electronic communications sector, the Directive’s key components include standards around how people communicate with each other electronically, aligning them with recent technological advancements.

Cookies and Consent Mechanisms

A significant component of the ePrivacy Directive is cookies, which are small data files websites use to track user behavior. Specifically, the Directive states that websites must obtain informed user consent before storing or retrieving any information on their electronic devices, giving the ePrivacy Directive the nickname “cookie law.”

Gaining this consent includes providing end-users with information about the purpose of the data storage and an opportunity to accept or opt-out. Many websites utilize a cookie banner to obtain cookie consent for website visitors. However, cookies essential for site functionality or for delivering a service requested by a user (like tracking the items in an online shopping cart) are exempt from this requirement. Note that the Directive applies to both first-party and third-party cookies.

Protection of Personal Data in Communications

Concerning data protection, the Directive states that providers of electronic communication services must ensure that their services are secure—which in turn secures any personal data that may be shared through those services. Standard electronic communication services include email and instant messaging.

These providers must also inform their users whenever a risk, such as a data breach or ransomware attack, leaves their personal data vulnerable to misuse.

Data Retention

Data retention refers to how companies retain your data, and the ePrivacy Directive includes standards for this practice.

Specifically, the Directive states that when providers of services no longer need your data, they must erase or anonymize it. There are specific situations in which data retention is allowed, such as billing services or issues of national security.

Otherwise, data may only be retained if a user consents to it, and they must also be informed why the data is being processed and the length of time it will be stored.

Unsolicited Marketing Communications

The ePrivacy Directive includes strict restrictions on the use of digital marketing communications. Unsolicited communications for direct marketing purposes are not allowed without the recipient’s consent. This includes email and text message marketing.

Typically, this is done through opt-in or opt-out systems determined by individual EU member states. However, the overall rule is that marketing communications cannot be sent without explicit consent from the user.

Location Data

The ePrivacy Directive sets instructions for using location data obtained through electronic communications. Specifically, location data must be processed with informed consent and should be anonymized when no longer needed.

This provision is very relevant for mobile service providers and location-based services. Like the marketing communications provision, an opt-in or opt-out mechanism allows users to provide explicit consent before location data is provided.

Communications Confidentiality

Companies that provide electronic communication services must implement appropriate security measures to safeguard users’ data. They must also notify users and relevant authorities in case of any security breaches involving personal data. Additionally, the Directive governs how traffic data, which includes information about communication between individuals, can be processed and stored.

Even though the primary goal of the ePrivacy Directive is to protect confidentiality, it does allow for the retention of metadata for billing, service quality, and other purposes. Member states may require data retention under specific conditions, often related to national security or criminal investigations.

Member State Laws

The ePrivacy Directive is a directive that requires every EU Member State to establish national laws to accomplish the Directive’s goals. There is some variation in the regulations across different countries due to this, unlike the GDPR, which is a regulation and applies directly throughout the EU.

How the ePrivacy Directive Affects the GDPR

The General Data Protection Regulation (GDPR) is a mandatory regulation in Europe that protects the personal data of its citizens. Since the GDPR and the ePrivacy directive both concern data privacy, they work in tandem across various components.

  • Scope: The ePrivacy Directive focuses explicitly on the electronic communications sector, and the GDPR extends data privacy laws to other industries that process personal data.
  • Consent: Both the ePrivacy Directive and the GDPR focus on user consent, but the GDPR also outlines principles of lawful processing, including contractual necessity, legitimate interests, and legal obligation.‍
  • Confidentiality vs. Data Protection: The ePrivacy Directive is primarily concerned with the privacy and security of electronic communications, and the GDPR includes broader concepts of data protection like data minimization, accountability, and individuals’ rights to access, rectify, and erase personal data.‍
  • Security Measures: The ePrivacy Directive requires providers of electronic communication services to implement security measures to protect user information. At the same time, the GDPR mandates robust security measures and includes the concept of “data protection by design and default.”‍
  • Data Breach Notifications: Both require notification of data breaches to users and regulatory authorities. The ePrivacy Directive only requires communication service providers to provide notification, but the GDPR extends that requirement to all data controllers and processors.

Who Must Comply with the ePrivacy Directive?

The ePrivacy Directive applies to entities providing electronic communication services in the EU, including but not limited to:

  • Telecommunication Companies: Traditional telecom providers offer fixed or mobile telephony services.
  • Internet Service Providers (ISPs): Entities providing internet connectivity services.
  • Over-the-top (OTT) Providers: Companies that offer online communication services, such as instant messaging apps and VoIP services like Skype or WhatsApp.
  • Website Owners: Any website that uses cookies or similar technologies to track user behavior must comply with the Directive.
  • Email and SMS Marketers: Businesses that send marketing messages via email or SMS must adhere to the rules set by the Directive.
  • Location-Based Services: Services that use location data also fall under the Directive’s jurisdiction.

Penalties for Noncompliance

Penalties for failing to comply with the ePrivacy Directive may differ across EU Member States, as each country is responsible for incorporating the Directive into national law. As a result, penalties can vary from monetary fines to legal actions, and the severity of the consequences will depend on the nature of the breach and the location of the incident. Below are some typical types of penalties that may be enforced:

  • Financial Fines: These can vary widely from state to state but are generally designed to be dissuasive. Some countries have a cap on fines, while others may calculate them as a percentage of the annual turnover of the offending company.
  • Legal Sanctions: In some instances, severe or repeat violations may result in legal action, including the possibility of criminal charges.
  • Reputational Damage: Beyond legal penalties, companies that violate ePrivacy laws often suffer significant reputational damage, which can result in loss of customer trust and revenue.
  • Cease and Desist Orders: Regulatory bodies may require the violating entity to stop the offending action immediately, often at the cost of temporarily or permanently turning off a service or feature.
  • Data Audits: In some cases, the regulatory bodies may require a thorough audit of data protection practices within the offending organization.
  • Notification Requirements: Failing to notify the authorities and individuals affected by a data breach, as stipulated by the Directive, can lead to additional penalties.

In 2022, Google and Meta were both found to be in violation of the ePrivacy Directive and faced steep fines for their non-compliance. France’s Commission Nationale Informatique & Libertés (CNIL) fined Google €150M and Facebook another €60M for not offering an option for users to reject non-essential cookies in line with the option to accept all tracking. This violates the ePrivacy Directive’s requirements around cookies and consent mechanisms.

The Future: Introducing the ePrivacy Regulation

Since 2002, the digital communications industry has evolved rapidly, which means the ePrivacy Directive needed drastic updating. In 2017, The European Commission proposed the ePrivacy Regulation, which aims to replace the existing ePrivacy Directive and better align it with the General Data Protection Regulation (GDPR) data protection laws.

The regulation is still under discussion amongst the EU Council because of the scope of the rules and the impact it would have on big tech companies, large telecom providers, and even areas of online advertising, media, and national security.

This new legislation is a regulation of the European Parliament and Council of the European Union. It specifies and complements the ePrivacy Directive on privacy-related topics such as the confidentiality of communications, consumer privacy controls through electronic consent and browsers, and cookies.

Key Differences

  • Legal Form and Scope: As a directive, member states must achieve specific goals but have the authority to decide how to do so, which can lead to differences in implementation across countries. The ePrivacy Regulation is a directly applicable law that becomes enforceable across the European Union, creating greater consistency.‍
  • Cookies and Trackers: The ePrivacy Regulation expands on the requirement for user consent before utilizing cookies and tracking technologies but simplifies the rules around this requirement. This can include allowing users to consent through browser extensions and specific exceptions for cookies that improve user experience.‍
  • Consent: The ePrivacy Regulation aligns the ePrivacy Directive’s requirements for user consent with the GDPR’s more stringent standards. This also simplifies consent mechanisms.‍
  • Electronic Marketing: The ePrivacy Regulation extends the ePrivacy Directive’s restriction on unsolicited communications for marketing purposes to cover new marketing methods and forms of electronic communication, like marketing through social media platforms.‍
  • Data Protection and Security: The ePrivacy Directive requires service providers to utilize security measures and report data breaches. The ePrivacy Regulation aligns those requirements with the GDPR’s broader data protection framework, which has stricter data breach notification timelines.‍
  • Penalties: Instead of allowing individual member states to determine penalties for noncompliance, the ePrivacy Regulation adopts a penalty framework similar to the GDPR, with fines based on a company’s global turnover, up to 4% or up to €20 million, whichever is higher. It also gives more power to Data Protection Authorities, aligning it with the GDPR.‍
  • International Impact: The ePrivacy Regulation’s alignment with the GDPR means data protection standards are not just primarily focused on EU member states but now affect any company that offers services or data transfers to EU residents (even if they are not located within the EU).

UpGuard Helps Your Organization Stay Compliant with Privacy Regulations

Enhance your organization’s data privacy standards with UpGuard. Whether you’re looking to stay compliant with the EU’s ePrivacy Regulation or the CCPA in the states, our all-in-one attack surface management platform, BreachSight, helps you understand the risks impacting your external security posture and know that your assets are constantly monitored and protected.

UpGuard BreachSight features include:

  • Security Ratings: Use our security ratings for a data-driven, objective, and dynamic measurement of your organization’s security posture. Our security ratings are generated by analyzing trusted commercial, open-source, and proprietary threat intelligence feeds and non-intrusive data collection methods.
  • Continuous Security Monitoring: Get real-time information about misconfigurations, understand your risk profile, and get started in minutes, not weeks, with our fully integrated solution and API. Because we use externally verifiable information, you won’t have to lift a finger to get started.
  • Attack Surface Reduction: Reduce your attack surface by discovering exploitable vulnerabilities and permutations of your domains at risk of typosquatting.
  • Data Protection: UpGuard’s proprietary Data Leak Search Engine scans every corner of the Internet and identifies data that presents a risk. It monitors your Internet presence and doesn’t check every website where we can find cloud storage buckets and source code repos.
  • Workflows and Waivers: Simplify and accelerate how you remediate issues, waive risks, and respond to security queries. Use our real-time data to get information about risks, rely on our workflows to track progress, and know precisely when issues are fixed.
  • Security Profile: Eliminate security questionnaires and stop answering the same questions repeatedly. Create an UpGuard security profile and share it before being asked.
  • Reporting and Insights: The Reports Library makes accessing tailor-made reports for different stakeholders in one centralized location easier and faster. See all risks–across various domains, IPs, and categories–in the UpGuard platform or extract the data directly from the API.
  • Business Operation Management: Share access to your UpGuard account with other team members with confidence. Each user gets an individual account with fine-grained access control.
  • Third-Party Integrations: Integrate and extend the UpGuard platform with other tools with our easy-to-use API that can save hours of human time.

    Source :
    https://www.upguard.com/blog/eprivacy-directive

What is ISO 31000? An Effective Risk Management Strategy

Edward Kost
updated Sep 14, 2023

ISO 31000 was specifically developed to help organizations effectively cope with unexpected events while managing risks. Besides mitigating operational risks, ISO 31000 supports increased resilience across all risk management categories, including the most complicated group to manage effectively – digital threats.

Whether you’re considering implementing ISO 31000 or you’re not very familiar with this framework, this post provides a comprehensive overview of the standard.

Learn how UpGuard simplifies Vendor Risk Management >

What is ISO 31000?

ISO 31000 is an international standard outlining a risk management structure supporting effective risk management strategies. The standard is divided into three sections:

  1. Principles
  2. Framework
  3. Process
The three components of ISO 31000 - Principles, Framework, Process

Principles

The objective of all of the principles of ISO 31000 is to simultaneously increase the value and protection aspects of a management system.

The 11 principles of ISO 31000 are as follows:

  • Risk management creates and protects value – Risk management should support objective achievement and performance improvements across various sectors, including human health and safety, cybersecurity, regulatory compliance, environmental protection, governance, and reputation.
  • Risk management is an integral part of all organizational processes – Risk management shouldn’t be separated from the main body of a management system. It should be integrated into an organization’s processes to create a risk-aware culture. Management teams should champion this cultural change.
  • Risk management is systematic, structured, and timely – Risk management should cover the complete scope of systemic risk. It shouldn’t be focused on a single business component prone to risks, like the sales cycle.
  • Risk management is tailored – A risk management program should be tailored to your objectives within the context of internal and external risk profiles.
  • Risk management is transparent and inclusive – All appropriate stakeholders and decision-makers should be involved in ensuring risk management remains relevant and updated.
  • Risk management is dynamic, iterative, and responsive to change – A risk management program shouldn’t be based on a rigid template. It should be dynamic, capable of conforming to changing internal and external threat landscapes.
  • Risk management is based on the best available information – Risk management processes shouldn’t be limited to historical data, stakeholders’ feedback, forecasts, and expert judgments. It’s essential to consider the limitation of data sources and the likely possibility of divergent opinions among experts.
  • Risk management is part of decision-making – Risk management should help leadership teams make intelligent risk mitigation decisions by understanding which risks should be prioritized to maximize impact.‍
  • Risk management takes human and cultural factors into account – All risk management activities should be assigned to individuals with the most relevant competencies. Appropriate tools should be available to these individuals to support their efforts as much as possible.‍
  • Risk management facilitates continual improvement of the organization – Strategies should be developed to ensure risk management efforts are continuously improving.‍
  • Risk management explicitly addresses uncertainty – Risk management should directly address uncertainty by understanding its nature and finding ways to mitigate it.

Framework

The framework component of the ISO 31000 standard outlines the structure of a risk management framework, but not in a prescriptive way. The objective is to help organizations integrate risk management into their overall management system based on their unique risk exposure context. Businesses should implement the framework through the lens of their risk management objectives, prioritizing the most relevant aspect of the proposed framework. This flexibility makes any management system capable of mapping to ISO 31000, making the standard industry agnostic.

ISO 31000 can be implemented by any industry to reduce enterprise risk, regardless of size or existing risk management process.

The driving factor for the framework aspect of ISO 31000 is the management team’s commitment to embedding a risk management culture across all organizational levels.

Leadership and commitment branching out into 5 points - integration, design, implementation, evaluation, and improvement.

The five framework pillars of ISO 31000 are as follows:

  • Integration – The risk management framework should be integrated into all business processes, a change that follows the management team’s push for a cultural shift towards greater risk awareness.
  • Design – The design of the final risk management framework must consider the organization’s unique risk exposure and risk appetite.
  • Implementation – An implementation strategy should consider potential roadblocks, resources, timeframes, key personnel, and mechanisms for tracking the framework’s efficacy following implementation.
  • Evaluation – The evaluation components broaden the focus on measuring framework efficacy. This process could involve appealing to various data sources, such as customer complaints, the number of unexpected risk-related events, etc.
  • Improvement – This is the final step of the popular management system design model, Plan Do, Check Act (PDCA). Improvements should be made based on the insights gathered in the evaluation phase. The objective of each improvement interaction is to reduce the number of surprises caused by the risk management framework.

The design of the risk framework should be based on business objectives and a risk management policy within an organization’s unique risk context (the contextualization of risks is a recurring theme in ISO 31000).

Risk management policy feeding program design which is part of a cycle consissting of - program design, implementation, monitoring, improvement.

The Framework stage sets the broad risk management context, which is then refined in the Process stage, setting the foundation for more meaningful insights gathered through risk assessments.

Process

The process approach to ISO 31000 is represented graphically as follows:

Risk management process lifecycle.

Communication and Consultation

The first stage of this process approach is communication and consultation. The more cross-functional opinions that are heard, the more comprehensive your risk management efforts will be. This stage draws upon ISO 31000’s inclusivity and cultural factor principles.

Communications aren’t just limited to internal functions. External stakeholders should be involved in all decision-making processes. This will encourage stakeholder involvement in all stages of the risk management program’s development – which supports the primary objective of the Framework stage in ISO 31000:2018.

Scope, Context, and Criteria

Ideally, many of these mechanisms should already be established in your management system. The scope of all management activities is performed within the organization’s context, as defined in ISO 9001 Clause 4.1.

Contextual intelligence is a consideration of all internal and external issues impacting the achievement of business objectives. Contextualization can be achieved by gathering information from the following sources:

  • Risk assessment of internal and external risk factors
  • Internal audits
  • Organization policy statements
  • The use of a SWOT template (Strengths, Weaknesses, Opporitnies, Threats)
  • Strategy documents
  • Questionnaires (for internal and external process investigations)
  • Interviews (with stakeholders, senior management, cross-functional teams including finance, human resources, engineering, training, etc.).

Learn about UpGuard’s security questionnaires >

The criteria used to assess risk depends on the most appropriate initiative and objective methodology as outlined in the value creation principle of ISO 31000.

This could include

  • Strategic objectives
  • Operational objectives
  • Business objectives
  • Health and safety objectives
  • Cybersecurity objectives

Start by narrowing your focus to a single scope. Then, after the process has been proven to work, expand your scope into other regions.

Risk Assessment

After defining your scope, context, and criteria, the actual risk assessment process begins. There are three primary stages in the risk assessment lifecycle.

  • Risk Identification – Understanding the source of discovered risks and their classification (whether they originate from internal or external attack surfaces)
  • Risk Analysis – Understanding the impact of identified risks and potential risks and the efficacy of their associated security controls.
  • Risk Evaluation – A comparison of discovered risks against your risk register.
  • Deciding which risk should be addressed based on an acceptance criterion defined by your risk appetite.

Learn about UpGuard’s vendor risk assessment features >

Risk evaluation data will determine which actions need to take place. Any control adjustments or framework improvements will be relative to each unique scope, context, and criteria scenario.

Stakeholders should be involved in deciding how to best respond to risk evaluation insights.

Risk Treatment

The risk treatment stage is where you decide the best course of action. These decisions will depend on your risk appetite, which defines the threshold between the levels of risk that can be accepted and those that need to be addressed.

Different types of risk should be considered, including:

  • Strategic risks
  • Cybersecurity risks
  • Reputational risks
Security controls suppress cybersecurity inherent risks within acceptable risk appetite levels
Security controls suppress cybersecurity inherent risks within acceptable risk appetite levels

Your methodology for treating risks depends on the risk culture being developed by the management team. Some organizations have a very low-risk tolerance, while others (such as those in heavily regulatory industries like healthcare) have a very low tolerance to risk. These tolerance bands are decided during the calculation of your risk appeite. If your risk appetite has already been determined, revise it to ensure it’s clear enough to support the risk management standards of ISO 31000.

Learn how to calculate your risk appetite >

A risk matrix is helpful in the risk treatment phase as it indicates what risks should be prioritized in remediation efforts to minimize impact.

In the context of Vendor Risk Management, a risk matrix indicates which vendors pose the most significant risk to an organization’s security posture.

For a deep dive into Vendor Risk Management, read this post.

These insights, coupled with an ability to project the impact of selected 

remediation tasks, help response teams optimize their risk treatment efforts, supporting the continuous improvement objectives of ISO 3100

UpGuard’s vendor risk matrix.
Remediation impact projections on the UpGuard platform.

Another form of risk treatment is to outsource the responsibility to a third party. For example, third-party risk management, the process of managing security risks caused by third-party vendors, could be outsourced to a team of cybersecurity experts. Your organization will still be responsible for the outcome of detected risks but without the added burden of also having to manage them.

The benefit of reduced internal resources makes outsourcing third-party risk management a very economical choice for scaling businesses.

Watch this video to learn about UpGuard’s Third-Party Risk Management Service.

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Monitoring and Review

Evaluating the effectiveness of your implemented risk framework will determine whether or not your ISO 31000 risk management program was a profitable investment. During each review and iteration process, be sure to keep the human and cultural factor principle front of mind – don’t forget the people impacted by each iteration. 

Your risk mitigation objectives shouldn’t be so ambitious that you must handcuff your employees. You need to strike the perfect balance between risk management, risk acceptance, and employee well-being.

Recording and Reporting

Finally, all risk management activities should be recorded. Not only will this support stakeholders with their ongoing risk-based strategic decisions, but it will also provide you with a reference for tracking your management systems maturity throughout the ISO 31000 implementation lifecycle.

Source :
https://www.upguard.com/blog/what-is-iso-31000https://www.upguard.com/blog/what-is-iso-31000

A Comprehensive Guide on Cybersecurity for Business Travelers

28.06.2023

Business travel has become an integral part of many professionals’ lives, enabling them to expand networks and explore new opportunities. However, it also exposes travelers to various cyber risks that can compromise sensitive data and business operations.

In this comprehensive guide, we will examine the world of cybersecurity for business travelers, providing valuable insights and practical tips to ensure data protection while on the go.

The Cyber Risks of Business Travel 

Traveling on business opens up both individuals and organizations to countless cyber risks, including vulnerabilities associated with public Wi-Fi connections, the risk of device theft, weak password security, compliance issues, insecure email traffic, and unsecured file-sharing platforms.

These risks can lead to unauthorized access, data breaches, and severe financial and reputational consequences if not properly addressed. Below we outline those risks in further detail so that you may avoid them:

Public Wi-Fi Connections

These networks, often found in hotels, airports, and coffee shops, are often unsecured and easily exploited by cyberhackers. Connecting to these networks puts sensitive data at risk of interception, allowing cybercriminals to steal login credentials, financial information, and other confidential data. It is essential for business travelers to exercise caution and avoid transmitting sensitive information or accessing critical accounts while connected to public Wi-Fi.

Device Theft

The loss or theft of laptops, smartphones, or tablets not only results in financial loss but also grants illicit access to valuable company information. Cybercriminals may exploit stolen devices to gain access to sensitive data, compromise corporate networks, or launch phishing attacks against colleagues and clients.

Implementing physical security measures such as using laptop locks and keeping devices within sight can help deter theft while encrypting data and enabling remote wiping capabilities can mitigate the risks associated with device loss or theft.

Password Security

Weak or reused passwords can provide easy access to unauthorized individuals. Implementing strong, unique passwords across all devices and accounts adds an extra layer of protection. Additionally, enabling two-factor authentication (2FA) enhances security by requiring an additional verification step.

Compliance

It’s important to ensure that personal and business data remain compliant with relevant laws, such as the General Data Protection Regulation (GDPR). Implementing encryption protocols and secure file storage solutions helps maintain compliance and mitigate risks.

Insecure Email Traffic

Business travelers must be careful when using public or unsecured networks to send sensitive information via email. Implementing end-to-end encryption, using secure email providers, and avoiding opening suspicious attachments or clicking on unknown links are vital precautions to protect against email-based attacks.

File Sharing

File sharing can introduce serious security risks. It’s critical to utilize secure file-sharing platforms that encrypt data both in transit and at rest. It’s advisable to implement access controls and permissions to restrict file sharing to authorized individuals only. Also, regularly reviewing and updating file-sharing policies can also help prevent evolving cybersecurity threats.

Cybersecurity Tips for Business Travelers

As we mentioned above, cybercriminals are constantly targeting business travelers, seeking to exploit vulnerabilities in their devices and steal sensitive information. Therefore, it is imperative for business travelers to be well-equipped with effective cybersecurity tips and best practices to safeguard their valuable data and protect their digital assets while on the move.

Here are some simple yet effective things you can do to help keep the hackers at bay:

Lock Your Screens

This simple yet crucial step helps prevent unauthorized access to private or sensitive information. By enabling screen locks, such as passcodes, PINs, or biometric authentication (fingerprints or facial recognition), business travelers can create an additional layer of security that ensures that data remains protected even if their device falls into the wrong hands

Use Public Wi-Fi Sparingly

Public Wi-Fi networks found in hotels, airports, and coffee shops are infamous for their lack of security. When connecting to public Wi-Fi, business travelers expose their data to potential interception by hackers.

As such, it is highly advisable to use public Wi-Fi as sparingly as possible and avoid transmitting any sensitive information, such as login credentials, financial data, or confidential documents.

Instead, business travelers should consider using their mobile network or setting up a personal hotspot with a secure password, or utilizing a virtual private network (VPN) to encrypt internet traffic and protect private data from prying eyes.

Disable the Auto-Connect Feature

Most devices have a feature that automatically connects to available Wi-Fi networks. While this is extremely convenient, this feature can be a security risk. Disabling the auto-connect feature ensures that the device doesn’t automatically connect to untrusted or potentially malicious networks.

It also provides more control over network connections, allowing business travelers to evaluate the security of each network before connecting and minimizing the risk of unwittingly joining an insecure network.

Avoid Location-Sharing

Sharing locations through social media platforms or apps can compromise privacy and potentially put business travelers at risk. This is because cybercriminals can use location data to track movement, identify patterns, and exploit absence from certain locations.

By refraining from location-sharing, business travelers can maintain a higher level of privacy and reduce the chances of becoming a target for physical theft or cyber-attacks.

Use Anti-virus Protection and Run OS Updates

Installing reliable anti-virus software on devices is crucial for detecting and preventing malware infections. Anti-virus protection helps safeguard against various threats, including viruses, ransomware, and spyware.

Additionally, keeping the operating system (OS) up to date with the latest security patches and updates is essential. This is because operating system updates often include bug fixes, vulnerability patches, and security enhancements that protect against known exploits and vulnerabilities.

Update Your Passwords

Regularly updating passwords is an essential cybersecurity practice for business travelers. Strong, unique passwords provide an additional layer of protection against unauthorized access. It is recommended to use a combination of upper and lowercase letters, numbers, and special characters when creating passwords.

Travelers should avoid reusing passwords across different accounts or platforms, as this increases the risk of a single password compromise leading to multiple account breaches. Implementing a password manager can also help generate and securely store complex passwords for easy and secure access.

Disable Bluetooth

Bluetooth technology allows wireless connections between devices, but it also presents potential security risks. Cybercriminals know this and often exploit Bluetooth vulnerabilities to gain unauthorized access to business travelers’ devices or intercept sensitive data. Disabling Bluetooth when not in use mitigates these risks and reduces the likelihood of being targeted through Bluetooth-related attacks.

Turn Off NFC (Near-Field Communication) 

NFC enables contactless communication between devices. While NFC can be convenient for certain tasks, it also presents security risks, such as unauthorized access or data theft. Turning off NFC when not required helps prevent potential attacks and keeps business travelers’ devices and data secure.

Back up Information on the Cloud

Regularly backing up data on secure cloud storage services provides an additional layer of protection against data loss. In the event of device theft, damage, or loss, having all information securely stored in the cloud ensures that users can access and retrieve important files, documents, and data from any device with internet access.

Be Vigilant

Maintaining a vigilant mindset is crucial for business travelers. Staying alert for phishing attempts, suspicious links, and unfamiliar emails or messages is vital.

Hackers often exploit travel-related scenarios to trick individuals into revealing sensitive information or downloading malware.

By being cautious, double-checking before clicking on links or providing personal information, and staying informed about common phishing techniques, can significantly reduce the risk of falling victim to cyber-attacks.

By implementing the above cybersecurity tips, business travelers can enhance their digital security, reduce the risk of data breaches, and protect their sensitive information while on the go. 

Cybersecurity Tips for Businesses  

Organizations of all sizes must prioritize cybersecurity to protect their sensitive data, intellectual property, and customer information. Implementing effective cybersecurity measures is essential to safeguarding against cyber threats and minimizing the risk of data breaches. 

Here are some essential tips for businesses to enhance their cybersecurity posture:

Implement Public Wi-Fi Policies

Establish clear policies and guidelines for employees regarding the use of public Wi-Fi networks. This includes educating them about the risks associated with public Wi-Fi and providing instructions on how to connect securely or avoid using untrusted networks altogether.

Implement VPN Usage Policies

Administer the use of virtual private networks (VPNs) when accessing company resources remotely. Implement policies that require employees to connect to a business VPN to ensure encrypted and secure communication, especially when accessing sensitive data or using public networks.

Train Your Employees to Keep Their Devices Secure

Conduct regular training sessions to educate employees on best practices for device security. This includes creating strong passwords, enabling two-factor authentication (2FA), keeping software and applications updated, and avoiding suspicious websites and downloads.

Train Employees for a Response Plan

Develop and train employees on a comprehensive incident response plan. Ensure they understand the steps to take in the event of a cybersecurity incident, including who to notify, how to preserve evidence, and how to mitigate further damage.

Encourage Situational Awareness

Foster a culture of cybersecurity awareness among employees by promoting situational awareness. Encourage them to be vigilant and identify potential threats, such as phishing emails, suspicious activities, or social engineering attempts. Encourage reporting of any suspicious incidents promptly.

Protect Mobile Devices With Strong Passwords and 2FA

Emphasize the importance of strong passwords and enable two-factor authentication (2FA) on all company-owned mobile devices. This provides an additional layer of security and prevents unauthorized access to sensitive information.

Require Regular Software Updates

Make it a policy for employees to frequently update their software, applications, and operating systems. This ensures that devices have the latest security patches and protections against emerging threats.

Provide Traveling Employees With Charging Devices

Equip traveling employees with reliable charging devices to inhibit the use of public charging stations, which can be compromised to deliver malware or steal data.

Issue Travel-Only Laptops

Provide dedicated laptops specifically for business travel. These travel-only laptops should be hardened and secured with robust security measures, minimizing the risk of data exposure while on the move.

Update Devices After Traveling

After returning from travel, ensure that employees’ devices undergo thorough security checks and updates. This helps address any potential security vulnerabilities or malware that may have been acquired during travel.

Implement a Mobile Device Management Solution

Deploy a mobile device management (MDM) solution to enforce security policies, remotely manage and monitor devices, and protect sensitive data on mobile devices. MDM solutions provide centralized control and enhanced security for company-owned devices, especially for those used by traveling employees.

Unlock Advanced Security With Perimeter 81

Cybersecurity is of increasingly paramount importance for business travelers and organizations. The risks and threats faced while on the move require a proactive and comprehensive approach to protect sensitive information and mitigate potential breaches.

By implementing the cybersecurity tips outlined in this article, both business travelers and their organizations can significantly enhance their digital security posture, ensuring that sensitive information and digital assets are safeguarded, and enabling them to focus on their professional endeavors while minimizing the risks associated with their journeys.

Need a business VPN to use? We have the leading VPN and ZTNA technology suite to help you secure your business. Book a demo today!

FAQs

What are some good cybersecurity practices when going on a business trip?

To ensure cybersecurity while on business trips, there are several essential practices to follow. First, it is crucial to use secure and trusted networks, avoiding public Wi-Fi whenever possible. Instead, connect to secure networks such as virtual private networks (VPNs) or mobile hotspots with strong encryption.

Additionally, enabling two-factor authentication (2FA) adds an extra layer of security by requiring an additional verification step, like a unique code sent to a mobile device, along with a password. Keeping devices and software updated is also vital, as regular updates help protect against known vulnerabilities.

Implementing strong password practices, being cautious of phishing attempts, securing physical devices, and regularly backing up important data are further measures that business travelers should adopt.

What is cybersecurity in tourism?

Cybersecurity in tourism refers to the protection of digital assets, data, and systems within the tourism industry. It involves employing measures to safeguard against cyber threats, data breaches, and unauthorized access to sensitive information.

In the tourism sector, cybersecurity is vital to ensure the integrity and confidentiality of customer data, financial transactions, and other sensitive information.

It encompasses practices such as securing online booking platforms, protecting customer payment information, educating employees about cyber threats, and maintaining robust data protection protocols to instill confidence and trust in travelers.

What type of businesses need cybersecurity?

All businesses, regardless of size or industry, need cybersecurity measures to protect their digital assets and sensitive information. While certain industries face higher risks, such as financial institutions, healthcare organizations, e-commerce companies, government agencies, and technology firms, it is crucial to recognize that cybersecurity is relevant to all businesses.

Cyber threats can impact any organization that utilizes digital technologies, stores customer data or relies on online systems for operations. Safeguarding digital assets and customer information should be a priority for businesses across industries.

Source :
https://www.perimeter81.com/blog/network/cybersecurity-for-business-travelers

Key Insights into Healthcare Compliance in 2023

27.07.2023

Healthcare compliance in 2023 is being driven by a combination of increased regulatory scrutiny, technological advancements, and a growing focus on patient-centric care. As a result, organizations are increasingly expected to adhere to stringent regulations, safeguard patient data, maintain ethical practices, and ensure the delivery of high-quality care.

This necessitates a proactive approach to compliance, with healthcare providers and institutions striving to stay ahead by adopting robust systems, training staff, and embracing innovative solutions to mitigate risks and protect both patients and their reputation.

What is Healthcare Compliance?

Compliance is the adherence to regulations, guidelines, and ethical standards aimed at safeguarding patient privacy, data security, and overall quality of care. It involves staying up to date with evolving laws, implementing necessary measures, and ensuring organizational practices align with industry standards. 

Healthcare Compliance Regulations

Healthcare compliance regulations include:

  • The Health Insurance Portability and Accountability Act (HIPAA), which sets standards for protecting patient health information and establishes penalties for non-compliance.
  • The Affordable Care Act (ACA), which focuses on improving healthcare access and quality while combating fraud and abuse. 
  • The Centers for Medicare and Medicaid Services (CMS), which plays a crucial role by overseeing programs and regulations related to these government-sponsored healthcare services.

Compliance with these regulations is essential for healthcare organizations to maintain trust, avoid penalties, and provide high-quality care.

Who Regulates the Healthcare Industry?

The healthcare industry is regulated by several entities, including government agencies and regulatory bodies. In the United States, the primary regulators include:

  • The U.S. Department of Health and Human Services (HHS), which oversees several agencies responsible for healthcare regulation, such as the Centers for Medicare and Medicaid Services (CMS) and the Office for Civil Rights (OCR).
  • The Food and Drug Administration (FDA) who regulate drugs, medical devices, and food safety
  • The Drug Enforcement Administration (DEA) who monitor controlled substances. State health departments and professional boards.

What are the Most Important Healthcare Regulations?

Several regulations stand out as the most important in the healthcare industry as follows:

The Social Security Act 

The Social Security Act, enacted in 1935, is a landmark piece of legislation in the United States that established the Social Security program. It provides benefits to retirees, disabled individuals, and surviving family members, aiming to alleviate poverty and provide economic security.

The Health Insurance Portability and Accountability Act (HIPAA) 

The Health Insurance Portability and Accountability Act (HIPAA), enacted in 1996, safeguards the privacy and security of individuals’ health information. It sets standards for the electronic exchange of health information, ensures the confidentiality of medical records, and grants patients certain rights over their health data.

The Health Information Technology for Economic and Clinical Health ACT (HITECH)

The Health Information Technology for Economic and Clinical Health Act (HITECH) was passed in 2009 as part of the American Recovery and Reinvestment Act. It promotes the adoption and meaningful use of electronic health records (EHRs) and strengthens privacy and security protections for health information.

The False Claims Act 

The False Claims Act is a federal law that dates back to the Civil War era. It allows private individuals, known as whistleblowers, to file lawsuits on behalf of the government against those who defraud federal programs, such as Medicare and Medicaid, by submitting false claims for payment.

The Anti-Kickback Statute 

The Anti-Kickback Statute prohibits the exchange of anything of value in return for referrals or generating business for federal healthcare programs. This law aims to prevent kickbacks and improper financial arrangements that could compromise medical judgment and inflate healthcare costs.

The Physician Self-Referral Law

The Physician Self-Referral Law, also known as the Stark Law, prohibits physicians from referring Medicare or Medicaid patients to entities in which they have a financial interest, with exceptions. This law prevents potential conflicts of interest that could influence medical decision-making and billing practices.

The Patient Protection and Affordable Care Act

The Patient Protection and Affordable Care Act (ACA), passed in 2010, is a comprehensive healthcare reform law. It expands access to health insurance, implements consumer protections, such as prohibiting denial of coverage due to pre-existing conditions, and introduces various cost-containment measures.

The Interoperability and Patient Access Final Rule 

The Interoperability and Patient Access Final Rule, issued in 2020, is part of the 21st Century Cures Act. It requires healthcare providers, health plans, and health information technology developers to improve interoperability and facilitate patient access to their electronic health information.

The Hospital Price Transparency Final Rule

The Hospital Price Transparency Final Rule, implemented in 2021, requires hospitals to disclose their standard charges for healthcare services in a machine-readable format. This rule aims to increase price transparency, empower patients to make informed decisions and promote competition in the healthcare market.

Why is Healthcare Compliance so Important?

Healthcare compliance is necessary due to the following main reasons:

First and foremost, it ensures that healthcare organizations operate in accordance with applicable laws, regulations, and industry standards. Compliance helps protect patient safety and privacy by ensuring that healthcare providers follow protocols for handling sensitive health information, maintaining secure systems, and implementing proper safeguards against data breaches.

By adhering to compliance regulations, healthcare organizations demonstrate their commitment to maintaining the highest standards of care and ethical practices.

Moreover, healthcare compliance helps mitigate legal and financial risks. Non-compliance can result in severe consequences, such as hefty fines, penalties, and legal actions, which can significantly impact an organization’s reputation and financial stability. By actively engaging in compliance efforts, healthcare organizations can minimize the risk of violations, protect their reputation, and avoid potential litigation.

Finally, healthcare compliance promotes a culture of integrity, accountability, and transparency. It encourages healthcare professionals to adhere to ethical guidelines, maintain accurate records, and engage in responsible billing practices.

Compliance programs also promote internal monitoring, auditing, and reporting mechanisms, fostering an environment where unethical or fraudulent activities are detected and addressed promptly. 

Ultimately, healthcare compliance helps ensure the delivery of high-quality care, protects patients’ rights, and maintains the trust of individuals seeking healthcare services.

Privacy & Quality Patient Care

Protecting patient privacy is essential for ensuring quality patient care. When patients trust that their personal health information will remain confidential, they are far more likely to share vital details with healthcare providers, leading to accurate diagnoses and tailored treatment plans.

By implementing robust privacy measures, healthcare organizations can uphold patient confidentiality, enhance trust, and maintain the integrity of the patient-provider relationship, improving the quality of care delivered.

Healthcare Worker Protection

By implementing measures such as appropriate staffing levels, comprehensive training, and access to personal protective equipment, healthcare organizations can protect their workers from occupational hazards, minimize the risk of injuries or infections, and promote a healthy work environment.

Safeguarding healthcare workers’ physical and mental well-being contributes to their ability to provide quality care and ensures the sustainability of the healthcare workforce.

Avoiding Fraud

Healthcare fraud involves deceptive practices such as submitting false claims, providing unnecessary services, or billing for services not rendered. By implementing robust fraud detection and prevention mechanisms, such as auditing processes and internal controls, healthcare organizations can identify and prevent fraudulent activities.

This helps protect valuable healthcare resources, ensure that funds are directed towards legitimate patient care, and maintain the public’s trust in the healthcare system.

Staying Compliant with Regulations

By staying compliant, healthcare organizations mitigate legal and financial risks, maintain their reputation, and demonstrate a commitment to providing high-quality care while upholding ethical standards. Regular monitoring, training, and robust compliance programs are key to achieving and maintaining regulatory compliance.

10 Best Practices for Creating a Healthcare Compliance Plan

By implementing key strategies, organizations can establish a strong foundation for compliance and risk management as follows:

1. Designate a Chief Compliance Officer

Designate a CCO who has the authority and resources to develop, implement, and oversee the compliance program, ensuring adherence to regulatory requirements and promoting a culture of compliance throughout the organization.

2. Educate the Employees

Employees should be knowledgeable about their roles and responsibilities in maintaining compliance, including privacy and security of patient information, ethical billing practices, and reporting mechanisms for potential compliance violations.

3. Build an Effective Compliance Reporting System

Clear reporting channels, such as hotlines or anonymous reporting mechanisms, should be in place to capture and address compliance-related issues promptly.

4. Build a Risk Mitigation Plan

Conduct regular risk assessments to proactively identify vulnerabilities, implement controls and mitigation strategies, and monitor ongoing compliance to minimize the likelihood of compliance breaches.

5. Ensure Cybersecurity at Every Level

Implement robust security measures, such as encryption, access controls, and regular security audits to safeguard electronic health records and other sensitive information from unauthorized access or breaches.

6. Make Sure Your Telemedicine Services Are Secure

Implement secure telemedicine platforms, encryption protocols, and HIPAA-compliant telehealth practices to maintain compliance while delivering remote care.

7. Use a Compliant Talent Acquisition Process

Establish a compliant talent acquisition process that includes thorough background checks, verification of licenses and credentials, and adherence to equal employment opportunity guidelines. By ensuring compliance in the hiring process, organizations can minimize the risk of employing individuals with a history of compliance violations.

8. Develop Very Clear Policies

Put clear and comprehensive policies and procedures in place that cover all aspects of healthcare compliance, including privacy, security, billing, and ethical conduct. Policies should be readily accessible, regularly reviewed, and updated to reflect changes in regulations or organizational practices.

9. Conduct Regular Compliance Audits

Carry out regular compliance audits to assess the effectiveness of the compliance program, identify areas for improvement, and ensure ongoing adherence to regulatory requirements. Audits should include internal reviews, assessments of documentation and procedures, and external audits if necessary.

10. Address Noncompliance Swiftly

Establish protocols for investigating and resolving compliance violations, implementing corrective actions, and ensuring accountability. Timely response and appropriate disciplinary measures demonstrate a commitment to compliance and discourage further non-compliance.

The Repercussions of Noncompliance

Noncompliance with healthcare regulations can have severe consequences which can include financial penalties, legal actions, damage to reputation, loss of trust, and potential harm to patients. Subsequently, it is essential for healthcare organizations to prioritize compliance and proactively mitigate risks. 

To help ensure your organization’s compliance, we recommend using a comprehensive compliance checklist our HIPAA Compliance Checklist.

Source :
https://www.perimeter81.com/blog/compliance/healthcare-compliance

The HIPAA Compliance Audit in 12 Easy Steps + Checklist

27.07.2023

What is a HIPAA Audit?

A HIPAA audit is a thorough evaluation conducted to assess a healthcare organization’s compliance with the Health Insurance Portability and Accountability Act (HIPAA) regulations. 

The main goal of the audit is to ensure that entities handling protected health information (PHI), such as hospitals, clinics, and health insurers, are adhering to the strict privacy and security standards set forth by HIPAA. 

The audit examines various aspects, including privacy practices, data security measures, employee training, and risk management procedures. 

By conducting HIPAA audits regularly, organizations can identify potential vulnerabilities, address compliance gaps, and safeguard sensitive patient data, fostering trust and confidentiality within the healthcare industry.

What Will Be Audited?

In a HIPAA audit, numerous aspects of an organization’s operations will be examined to assess compliance with HIPAA. The audit will typically review policies and practices related to the HIPAA Privacy, Security, and Breach Notification Rules, as well as physical, technical, and administrative safeguards protecting personal health information (PHI) and electronic health information (ePHI). 

Who Is Eligible for a HIPAA Audit?

HIPAA audits target covered entities and business associates that handle PHI and ePHI. Covered entities include healthcare providers, health plans, and healthcare clearinghouses, while business associates are organizations or individuals that perform functions involving PHI on behalf of covered entities. 

How Does The Selection Process Work?

The selection process for HIPAA audits involves multiple triggers. The OCR usually initiates audits in response to complaints or breach reports filed against a covered entity or business associate. Complaints can be raised by patients or employees concerning privacy violations or mishandling of PHI.

Additionally, breaches of PHI that meet certain criteria will lead to an audit. The OCR may also conduct follow-up audits for organizations with a history of prior non-compliance. Random audits are rare and typically reserved for larger, established entities due to the OCR’s limited resources.

When do HIPAA Audits Occur?

The timing of an audit can vary depending on the triggering event. The OCR usually provides advance notice to the organization being audited, informing them of the audit’s purpose, scope, and expected duration. Audits can take several weeks to several months to complete, depending on factors like the organization’s size and complexity.

What is my Risk of Being Audited?

The risk of being audited for HIPAA compliance varies depending on several factors. Organizations that have previously violated HIPAA, experienced breaches of PHI, or received complaints are at a higher risk of being audited.

To mitigate the risk of an audit, organizations should proactively invest time and effort into maintaining a comprehensive HIPAA compliance program, including regular self-audits and staff training to ensure adherence to HIPAA regulations and safeguard PHI.

How to Be Ready for an Audit in 12 Easy Steps

Whether you’re preparing for a financial, compliance, or HIPAA audit, this step-by-step approach will equip you with the knowledge and strategies needed to ensure a smooth and successful audit process.

Step 1: Assign a Privacy and Security Officer

The Privacy Officer plays a significant role in workforce training and education, ensuring that all staff members are well-versed in HIPAA compliance. They are responsible for monitoring privacy practices, developing security measures, and scheduling regular policy reviews.

In larger organizations, the role may be divided, with an Information Security Officer overseeing the company’s security program. The Privacy and Security Officer(s) are pivotal in creating and implementing a comprehensive compliance program that aligns with HIPAA regulations and ensures the protection of PHI and ePHI.

Step 2: Perform a Risk Analysis

A risk analysis involves identifying potential vulnerabilities and threats to your organization’s processes, systems, and data. By carefully assessing these risks, you can develop effective mitigation strategies and implement necessary safeguards to protect your organization from potential audit findings and ensure compliance with relevant regulations.

Step 3: Provide Employee Training

Educating your workforce on compliance policies, data security best practices, and the importance of safeguarding sensitive information is crucial.

By conducting regular training sessions and keeping comprehensive records of completed training, you can demonstrate your commitment to maintaining a well-informed and vigilant workforce, which significantly enhances your organization’s preparedness for an audit.

Step 4: Document All Locations Where PHI Is Stored

Document all physical and electronic storage sites, such as servers, databases, file cabinets, and even portable devices like laptops and smartphones.

By maintaining a comprehensive inventory of these locations and the PHI they contain, you demonstrate an organized approach to data management and enable auditors to verify that proper security measures are in place to protect PHI at all times.

Step 5: Review and Document HIPAA Policies and Procedures

Establish clear and well-defined procedures for responding to various requests related to privacy protection, access, correction, and transfers of Protected Health Information (PHI).

  • Procedures for Responding to Requests for Privacy Protection – Your procedures should outline the steps to verify the identity of the requester, assess the validity of the request, and implement the necessary restrictions in accordance with HIPAA guidelines.
  • Procedures for Responding to Requests for Access, Correction, and Transfers – Your procedures should define the process for handling these requests, including the timeframe within which the requests must be fulfilled and any associated fees, if applicable.
  • Procedures for Maintaining an Accounting of Disclosures – Your organization should have well-documented procedures for recording and tracking such disclosures, ensuring accuracy, and being able to provide an accounting of disclosures to patients upon request.

Step 6: Report all Breaches

In the event of a breach of PHI, covered entities must act swiftly and responsibly to notify the affected individuals, the Department of Health and Human Services, and potentially the media, depending on the scale and severity of the breach.

Your breach reporting procedures should be well-defined, outlining the steps to be taken immediately after a breach is discovered. This includes conducting a thorough assessment of the incident to determine the extent of the breach and the types of information involved.

Once the assessment is complete, affected individuals should be promptly notified, providing them with essential details about the breach, potential risks, and steps they can take to protect themselves.

Additionally, covered entities must report the breach to the HHS through the OCR’s online breach reporting portal. The report should include specific information about the breach, such as the number of affected individuals, the types of PHI involved, and the steps taken to mitigate the risks and prevent future incidents.

The HHS may investigate the breach further, and the incident may become a subject of review during a HIPAA audit.

Step 7: Perform Regular Audits

Internal assessments enable covered entities to proactively identify potential vulnerabilities, gaps, and areas of non-compliance within their operations. By conducting periodic audits, organizations can monitor their adherence to HIPAA policies and procedures, assess the effectiveness of their privacy and security measures, and make necessary adjustments to enhance data protection.

Regular audits also serve as valuable learning opportunities, fostering a culture of compliance and strengthening an organization’s ability to respond confidently to official HIPAA audits.

Step 8: Keep HIPAA Audit Logs

As mandated by the Security Rule, covered entities must implement hardware, software, and/or procedural mechanisms that continuously record and monitor activity within information systems containing or using ePHI.

These audit logs serve as an essential tool for tracking user access, detecting potential security breaches, and investigating any unauthorized or suspicious activities. 

Step 9: Institute Role-Based Access Controls (RBAC)

RBAC ensures that individuals within an organization have access only to the data necessary for their specific job functions. By assigning roles and permissions based on job responsibilities, organizations can minimize the risk of unauthorized access to ePHI.

RBAC enhances overall data protection, streamlines data management, and helps meet HIPAA compliance requirements, making it an essential safeguard in the healthcare industry.

Step 10: Have a Risk-Management / Emergency Action Plan In Place

Your plan should include a thorough risk assessment, identification of vulnerabilities, and strategies for prevention and response. By proactively addressing risks and defining proper procedures in case of data breaches, natural disasters, or other emergencies, healthcare organizations can ensure the continuity of critical services, protect patient information, and maintain HIPAA compliance.

Step 11: Review All Business Associate Agreements (BAAs)

BAAs outline the responsibilities and obligations of business associates regarding HIPAA compliance. Ensuring that BAAs accurately reflect current HIPAA requirements and cover all aspects of data protection is critical to maintaining a secure ecosystem for patient information.

Regular reviews and updates help enforce accountability and compliance among business associates, ultimately safeguarding the confidentiality and integrity of ePHI.

Step 12: Upgrade Your Network Security

Implementing advanced firewalls, intrusion detection systems, and data encryption protocols enhances the protection of sensitive health information from unauthorized access and data breaches.

Network segmentation, multi-factor authentication, and regular security assessments also play a vital role in bolstering the overall security posture. A robust network security infrastructure not only safeguards patient data but also ensures a HIPAA-compliant environment that instills trust among patients and stakeholders in the healthcare industry.

Perimeter81: Simplifying HIPAA Compliance with Secure Access Solutions

Perimeter81 is a leading provider of secure access service edge (SASE) solutions.  The company’s platform plays a crucial role in assisting organizations with the HIPAA compliance audit process. One of the key challenges in achieving HIPAA compliance is ensuring that all data transmissions, including those containing ePHI, are secure, regardless of the user’s location or device. 

Perimeter 81’s Zero Trust Network as a Service (NaaS) model ensures that data is always encrypted and authenticated, providing a secure tunnel for remote employees and preventing unauthorized access to sensitive information.

With Perimeter 81’s solution, healthcare organizations can enforce role-based access controls and granular user permissions. This feature enables organizations to define access policies based on the principle of least privilege, ensuring that employees, contractors, and business associates can only access the data required for their specific roles.

The platform’s centralized management console allows IT administrators to monitor and control user access, streamlining the audit process by providing detailed logs of user activities and access attempts. This audit logging capability is essential for demonstrating compliance during a HIPAA audit, as it ensures that every interaction with ePHI is tracked, recorded, and auditable, reducing the risk of potential HIPAA violations.

Furthermore, Perimeter 81’s solution offers advanced threat prevention and detection mechanisms, including intrusion prevention and detection systems (IPS/IDS) and behavior-based analytics. These features help healthcare organizations identify and mitigate security threats before they escalate into major incidents or breaches, contributing to the overall security posture and reducing the likelihood of data breaches that could trigger a HIPAA audit. 

By leveraging Perimeter 81’s SASE platform, healthcare organizations can enhance their security measures, simplify compliance management, and confidently navigate the complexities of the HIPAA compliance audit process.

How Much Do HIPAA Audits Cost?

The cost of a HIPAA audit can vary depending on several factors. If a healthcare organization is selected for an official audit conducted by the Office for Civil Rights (OCR), there are no direct costs incurred by the audited organization.

However, there are indirect costs associated with preparing for the audit, such as hiring consultants, allocating staff time, and implementing any necessary improvements to achieve compliance. Additionally, organizations can choose to perform voluntary self-audits using external or internal auditors, which may involve fees ranging from a few thousand to tens of thousands of dollars, depending on the scope and duration of the audit.

How Long Does it Take to Complete a HIPAA Audit?

The duration of a HIPAA audit can vary based on several factors. Typically, the length of an audit depends on the scope of the investigation, the size and complexity of the organization being audited, and the presence of external entities that may complicate and extend the investigation. 

On average, a HIPAA audit can take anywhere from several weeks to several months to complete. The OCR usually provides advance notice before conducting an audit, informing the audited organization of the purpose, scope, and expected duration of the audit.

In cases of follow-up audits or if significant issues are identified, the audit process may take longer to ensure that the organization has implemented the necessary corrective actions.

What Happens When You Get Audited?

When a HIPAA compliance audit is initiated, the Office for Civil Rights (OCR) typically begins by sending questionnaires to selected organizations to assess their compliance. Based on the responses received, the OCR decides whether to proceed with a thorough investigation of the organization’s adherence to HIPAA rules, specifically focusing on the confidentiality, integrity, and availability of PHI. 

The audit report will outline the organization’s efforts and may identify any gaps or weaknesses in their system. After the audit, the OCR provides draft findings, and within 60 days, the organization must develop and revise policies and procedures, which must be approved by the HHS.

Implementing the updated policies within 30 days is crucial, as failure to verify or comply with the rules can lead to significant financial penalties. Consistent review and updates of HIPAA policies, staff training on security measures, and prompt issue resolution are key to maintaining compliance during a HIPAA audit.

Check out our HIPAA Compliance Checklist here.

FAQs

Does HIPAA require audits?

HIPAA itself does not explicitly require audits. However, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) conducts periodic audits to assess covered entities and business associates’ compliance with HIPAA regulations. These audits help ensure the protection of sensitive health information and identify potential vulnerabilities that may need to be addressed.

How often does HIPAA audit?

The frequency of HIPAA audits conducted by the OCR varies. In the past, the OCR has conducted both random and targeted audits. Random audits are less common and are typically conducted on a smaller scale due to resource limitations.

Targeted audits are usually triggered by complaints or breach reports and may focus on specific areas of non-compliance. The OCR uses its discretion to determine the scope and frequency of audits based on factors such as risk assessment, complaints, and breach incidents.

Does HIPAA require a third-party audit?

HIPAA does not explicitly mandate third-party audits. Covered entities and business associates can conduct internal self-assessments to evaluate their compliance with HIPAA regulations. However, some organizations may choose to undergo third-party audits as part of a proactive approach to ensure independent validation of their compliance efforts and to gain valuable insights from experts in the field.

Who conducts the HIPAA audit?

The HIPAA audits are primarily conducted by the Department of Health and Human Services (HHS) Office for Civil Rights (OCR). The OCR is responsible for enforcing HIPAA regulations and ensuring that covered entities and business associates adhere to the Privacy, Security, and Breach Notification Rules.

In some cases, the OCR may engage third-party auditors to assist with conducting audits, but the oversight and enforcement remain under the purview of the OCR.

How do you prove HIPAA compliance?

Proving HIPAA compliance involves demonstrating that your organization has implemented policies, procedures, and safeguards to protect sensitive health information effectively. This includes having comprehensive documentation of risk assessments, security measures, workforce training, incident response plans, and business associate agreements.

Regular self-audits, risk analyses, and ongoing monitoring are crucial in providing visible demonstrable evidence of compliance. In the event of a HIPAA audit, organizations should be prepared to present these records and demonstrate their commitment to protecting the privacy and security of personal health information.

Source :
https://www.perimeter81.com/blog/compliance/hipaa-compliance-audit

What is a Cloud Firewall?

27.07.2023

In the past when fires were fought, people used traditional means like fire extinguishers and water hoses.

Translating this to the virtual world of computing — a cloud firewall is akin to the digital ‘fire extinguisher’ and ‘hose.’ It is a tool designed to stop, slow, or prevent unauthorized access to or from a private network.

It inspects incoming and outgoing traffic, based on predetermined security rules. They can be a standalone system or incorporated into other network components.

In technical words, it acts as a barrier between on-premises networks and external networks.

Cloud firewalls are often deployed in a ‘perimeter’ security model — where they act as the first line of defense against cyber threats. This includes protection against DDoS attacks, SQL injections, and cross-site scripting.

The Benefits of Using a Cloud Firewall

In this section, we’ll discuss the benefits of using a cloud firewall over traditional ones.

Scalability

Traditional firewalls can’t keep pace as your network grows — their hardware limitations bound them.

On the other hand, a cloud firewall can easily adapt and expand in line with your business needs. Because it’s cloud-based, scaling does not require any additional hardware investment or complex configurations.

Be it on-site installation, maintenance, or upgrading, cloud firewalls wipe out all those physical processes, saving you time and resources.

Availability

Unlike traditional firewalls that rely on singular hardware systems and can fail, cloud firewalls are designed for high availability. Their decentralization means that even if one part fails, the rest continue to operate, ensuring constant protection.

Being cloud-based, they can also balance the load during peak traffic times to prevent slowdowns or outages.

For instance — during an attack like DDoS when the traffic dramatically increases, a cloud firewall can distribute the traffic across multiple servers. This ensures that your systems remain accessible and functional.

Extensibility

Cloud-based firewalls are not just scalable and highly available — they are also highly extensible.

This means that you can easily integrate them with other security features or services — such as Intrusion Detection Systems (IDS), Intrusion Prevention Systems (IPS), and Secure Web Gateways (SWG) — to create a solid security system.

Release updates and patches can be applied automatically, ensuring that the security is always up-to-date.

Identity Protection

When it comes to identity protection, cloud firewalls reign supreme.

They can identify and control application access on a per-user basis. This means that if unauthorized access is attempted, it can be immediately identified and blocked, providing extra security to your sensitive information.

Along with that, they can also provide an audit trail so that attempted breaches can be traced back to their origins. This info is beneficial for investigating cyber crimes and strengthening your cybersecurity strategy in the long run.

Performance Management

Sometimes, it’s not just about blocking harmful traffic, but also about prioritizing useful traffic.

Cloud firewalls enable performance management by prioritizing network traffic and providing quality of service (QoS) capabilities.

This can be handy during peak usage times or when certain services require higher bandwidth.

For instance, a cloud firewall can prioritize the traffic for certain high-demand resources, ensuring uninterrupted access and excellent performance. As a result, end users experience less lag and appreciate better service.

Moreover, the firewall can be programmed to give a higher priority to certain types of workloads or specific applications, like Voice over Internet Protocol (VoIP) or video streaming services.

Secure Access Parity

Remote work is another area where cloud firewalls shine.

Cloud firewalls enable a consistent security policy across all locations and users, no matter where they’re accessing from. This ensures that remote workers are just as protected as on-site ones.

Also, you get comprehensive visibility and control over all network traffic, and thanks to their cloud nature — updates can be pushed globally.

Migration Security

Migration — in particular to the cloud — can be a risky process in terms of security. The necessity to move data from one place to another can expose it to potential threats. Cloud firewalls eliminate these concerns.

Due to their inherent design, they provide end-to-end security during data migration. The data is protected at the source, during transit, and at the destination. This ensures a secure and seamless cloud migration process.

It’s like having a secure convoy for your data as it travels.

Types of Cloud Firewalls

There are four major types of cloud firewalls which can be broadly categorized as — SaaS Firewalls/Firewall as a service (FWaaS), Next-generation Firewall (NGFW), Public Cloud Firewall, and Web Application Firewall (WAF).

SaaS Firewalls/Firewall as a Service (FWaaS)

SaaS Firewalls, or Firewall as a Service, operate directly in the cloud. Offering security as a service — they are a scalable, flexible, and cost-effective solution.

  • Flexibility: Being cloud-based, these firewalls can rapidly adapt to changes in network traffic and configuration.
  • Scalability: FWaaS can comfortably scale up or down based on the needs without harming performance.
  • Cost-effective: As a subscription-based service, FWaaS can be adjusted to fit any budget and eliminates the need for expensive hardware and software maintenance.
  • Integrated approach: FWaaS offers a comprehensive, integrated approach to security, so you have complete visibility and control over network traffic and user activity.
  • Ease of deployment: Require less administrative effort and minimize human error.

Next-Generation Firewall (NGFW)

Next-Generation Firewalls represent the evolution in firewall technology, designed to go beyond traditional firewall functions.

  • Deep packet inspection: NGFWs are capable of examining the payload of a packet, crucial for detecting advanced threats within seemingly legitimate traffic.
  • Application awareness: NGFWs offer application-level control, significantly enhancing the granularity of security policies.
  • Threat detection: Their advanced threat detection capabilities protect organizations from a broad range of attacks, including zero-day vulnerabilities.
  • Integrated IPS: They feature an integrated Intrusion Prevention System that can identify and block potential security breaches, adding a layer of protection.
  • User identification: Unlike traditional firewalls, NGFWs can identify users and devices, not just IP addresses. This helps in creating more targeted, effective security policies.

Public Cloud Firewall

Public cloud firewalls are built within public cloud infrastructures like AWS, Google Cloud, and Azure to provide a layer of security control.

  • Seamless integration: These firewalls integrate seamlessly with other cloud services, infrastructure, and applications.
  • Autoscaling: Being cloud-native, they can scale dynamically with the workload, managing a substantial increase in network traffic without compromising performance.
  • Cloud-specific rulesets: These firewalls enable cloud-specific packet filtering, applying rules to cloud-native as well as hybrid and multi-cloud environments.
  • Compatibility: Public Cloud Firewalls are compatible with the automatic deployment mechanisms of their respective cloud platforms. This compatibility reduces the overhead of manual configurations.
  • Resilience: With a distributed, highly available architecture, they provide resilience — ensuring that the firewall is operational even if individual components fail.

Web Application Firewall (WAF)

A Web Application Firewall specifically protects web applications by filtering, monitoring, and blocking HTTP traffic that could exploit vulnerabilities in these applications.

  • Web app protection: WAFs stop attacks targeting web applications, including SQL injection, cross-site scripting (XSS), and others.
  • Custom policies: Customizable Policies in WAFs allow for tailored protection suited to the individual needs of every web application.
  • Inspection: They offer a thorough inspection of HTTP/S traffic, ensuring no harmful requests reach the web applications.
  • Bot control: WAFs can discern harmful bots from legitimate traffic, granting access only to authorized users and services.
  • API security: Security for APIs against attacks such as DDoS, improving overall protection.

Using Cloud Firewall vs Other Network Security Approaches

How do cloud firewalls compare to other network security approaches? See how they compare to virtual firewall appliances, IP-based network security policies, and security groups.

Virtual Firewall Appliances

Despite brands like Cisco, Juniper, and Fortinet making a strong push for them, virtual firewall appliances don’t fit in a work environment that is heavily cloud-based.

  • Not scalable: Virtual appliances have limitations in scaling. When traffic increases, they struggle to keep pace, affecting performance.
  • Operational inefficiency: They require manual configurations and adjustments, which can lead to operational inefficiencies and potential mistakes.
  • Limited visibility: They usually provide limited visibility into network traffic and, in some cases, can’t even offer granular control at the application level.
  • Architectural complexity: These appliances often introduce architectural complexity, as they need to intercept and secure network traffic at different points.
  • High cost: Acquiring, maintaining, and upgrading a virtual firewall appliance can be expensive, especially when compared to subscription-based cloud firewalls.
  • Limited extensibility: Be it AWS transit gateways, Gateway Load Balancers, or VPC/VNet peering — virtual appliances usually struggle to integrate with these advanced cloud-native services.

IP-Based Network Security Policy

IP-based network security policies have traditionally been used in many organizations. However, they also have shortcomings when compared to cloud firewalls.

  • Dynamic IP difficulties: These policies are primarily based on static IP addresses, triggering issues when dealing with dynamic IPs — such as those used in today’s highly scalable, distributed infrastructures.
  • Granularity problems: IP-based policies offer less granular control over access to applications and data, compared to cloud firewalls.
  • Security loopholes: Because they rely heavily on IP addresses for identification, they can be vulnerable to IP spoofing, creating potential security loopholes.
  • Inefficient management: IP-based policies can be tedious to manage, especially when dealing with larger, more complex network infrastructures.
  • Limited scalability: Like virtual appliances, IP-based policies struggle when it comes to handling a significant increase in network traffic.
  • Dependency on IP reputation: These policies depend on the reputation of IP addresses, which can be unreliable and manipulated. Also, legitimate IP addresses can be compromised, creating a potential avenue for attacks.

Security Groups

Lastly, security groups, while being a crucial part of network security in a cloud-based environment, fall short compared to cloud firewalls on several fronts.

  • Scope limitation: Security groups usually have a limited scope — often only applicable within a single instance or VPC. This might not be adequate for enterprises with large-scale or diverse cloud deployments.
  • Manual administration: This can lead to potential errors and security risks, more so in large and complex environments.
  • Lack of visibility: Security groups don’t provide comprehensive visibility into network traffic or robust logging and audit capabilities — both of which are fundamental for troubleshooting and regulatory compliance.
  • Limited flexibility: Security groups lack the flexibility to adapt quickly to changes in network configuration or traffic patterns. This can hinder performance and affect user experience.
  • Dependencies: Security groups are dependent on the underlying cloud service. This means that they can be impacted by any disruptions or changes to that service. So, the level of independence and control tends to be on the lower end.

It’s evident, compared to the other network security approaches, cloud firewalls provide superior flexibility, scalability, visibility, and control.

How does a Cloud-Based Firewall Fit into a SASE Framework?

SASE is a concept introduced by Gartner that stands for Secure Access Service Edge. It combines network security and wide area networking (WAN) capabilities in a single cloud-based service.

Cloud-based firewalls fit wonderfully into this framework as they provide network security enforcement. Below’s how.

  • Unified security and networking: By integrating with other SASE components, cloud-based firewalls facilitate unified security and networking. They ensure that security controls and networking capabilities are not siloed but work together seamlessly.
  • Location-agnostic: Being cloud-based, these firewalls offer location-agnostic security. This is important in a SASE framework which is designed to support securely connected, geographically-dispersed endpoints.
  • Dynamic scaling: The dynamism of cloud-based firewalls aligns with the scalable nature of SASE. So, the security scales with network requirements.
  • Policy enforcement: They provide efficient enforcement of security policies across a distributed network, aiding in consistent security compliance.
  • Visibility and control: In a SASE framework, cloud-based firewalls offer enriched visibility and control over network traffic and user activity. This aids in improved threat detection and response times.
  • Data protection: They provide encryption and decryption, protecting sensitive data transmitted across the network. This capability is pivotal for data protection in a SASE architecture.
  • Fast deployment: Enjoy operational simplicity as they can be seamlessly deployed across multiple locations.
  • Easier management: Management becomes easier as there is a single point of control allowing for unified threat management.
  • Lower costs: Reduced capital expenditure as the need for on-premise hardware decreases significantly.
  • Highly available: These firewalls offer high availability and resilience, adhering to the SASE principle of continual access and service regardless of location. Thus, enhancing the overall security posture in an ever-increasing remote work landscape.

Secure your network with firewall-as-a-service today!

Organizations across the globe are transitioning to a cloud-first strategy. Perimeter 81 can assist you in this journey. Our Firewall-as-a-Service model provides security, scalability, and simplicity that is unmatched in the industry. Learn more here!

FAQs

What is the disadvantage of cloud firewall?

Reliance on the availability of the FaaS provider is a potential disadvantage of cloud firewalls.

Why do you need a cloud firewall?

Just like you need a security gate to prevent unauthorized entry into your house, a cloud firewall acts as a barrier to block malicious traffic from entering your network. It provides real-time protection and security monitoring — making it crucial in today’s world where cyber threats are rampant.

What is the main reason to operate a public cloud firewall?

Application visibility and control is the primary reason to operate a public cloud firewall. And unlike traditional firewalls, cloud firewalls allow for extensive network traffic logging and reporting, providing a thorough overview of your application’s security status.

What is cloud vs hardware firewall?

A cloud firewall, also known as a Firewall-as-a-Service (FaaS), is a firewall hosted in the cloud, providing scalability, cost efficiency, and real-time updates. Hardware firewalls, on the other hand, are physical devices installed in the infrastructure of a network. While cloud firewall is software-based, traditional ones can be both software and hardware-based.

Is a cloud-based firewall more secure?

Cloud-based firewall comes with the same level of security as a traditional or on-premises firewall but with advanced access policy, encryption, connection management, and filtering between servers.

What is the difference between a next-generation firewall and a cloud firewall?

While next-generation firewalls (NGFWs) offer advanced security capabilities such as intrusion prevention systems (IPS), deep packet inspection, and application awareness— they can be limiting when it comes to scalability and flexibility, especially in a dynamic, cloud-based environment. That’s where cloud firewalls excel.

Source :
https://www.perimeter81.com/blog/network/cloud-based-firewall

HIPAA LAW: What Does It Protect?

27.07.2023

What is HIPPA?

HIPAA stands for the Health Insurance Portability and Accountability Act, a federal law enacted in 1996 in the United States. HIPAA’s primary aim is to safeguard the privacy, security, and confidentiality of individuals’ protected health information (PHI) by establishing a set of standards and regulations for healthcare providers, health plans, and other entities that maintain PHI. 

HIPAA Privacy Rule, Explained

The HIPAA Privacy Rule grants patients’ rights over their PHI, including the right to access, request amendments, and control the sharing of their health information. It also imposes obligations on covered entities to implement safeguards to protect PHI, train their workforce on privacy practices, and obtain individual consent for certain uses and disclosures. 

The Privacy Rule plays a vital role in keeping the confidentiality and security of personal health information, ensuring patients have control over their own data while allowing appropriate access for healthcare purposes.

HIPAA Security Rule, Explained

The HIPAA Security Rule is an essential part of the Health Insurance Portability and Accountability Act (HIPAA). The Security Rule sets forth administrative, physical, and technical safeguards that covered entities must implement to protect the confidentiality, integrity, and availability of ePHI. 

These safeguards include measures such as risk assessments, workforce training, access controls, encryption, and contingency planning to prevent unauthorized access, use, or disclosure of ePHI. Compliance with the HIPAA Security Rule is crucial for ensuring the secure handling of electronic health information, reducing the risk of data breaches, and maintaining the trust and confidentiality of sensitive patient data.

HIPAA Covered Entities

HIPAA defines specific entities that are subject to its regulations, known as covered entities. 

Covered entities include:

Healthcare Providers

Healthcare providers, such as doctors, hospitals, clinics, psychologists, and pharmacies, are considered covered entities under HIPAA. They play a vital role in the delivery of healthcare services and are responsible for maintaining the privacy and security of patients’ protected health information (PHI).

Healthcare providers must follow HIPAA regulations when electronically transmitting and overseeing PHI, implementing safeguards to protect patient data, and ensuring appropriate access and disclosures.

Health Plans

Health plans, including health insurance companies, HMOs, employer-sponsored health plans, Medicare, Medicaid, and government health programs, fall under the category of covered entities. These entities are responsible for managing health insurance coverage and must comply with HIPAA to protect the privacy of individuals’ health information.

Health plans have obligations to implement privacy policies, provide individuals with notice of their privacy practices, and set up safeguards to secure PHI against unauthorized access or disclosures.

Healthcare Clearinghouses 

Healthcare clearinghouses are entities that process nonstandard health information into standardized formats. They function as intermediaries between healthcare providers and health plans, facilitating the electronic exchange of health information.

Covered healthcare clearinghouses must adhere to HIPAA’s regulations, implementing security measures and safeguards to protect the confidentiality, integrity, and availability of electronic protected health information (ePHI). They play a critical role in ensuring the secure transmission and conversion of health data, contributing to the interoperability and efficiency of electronic healthcare transactions.

Business Associates

Business associates are external entities or individuals that provide services or perform functions involving PHI, such as third-party administrators, billing companies, IT providers, and certain consultants. 

Covered entities must have written agreements in place with their business associates, outlining the responsibilities and obligations regarding the protection of PHI. These agreements should address issues such as the permissible uses and disclosures of PHI, safeguards for data security, breach notification requirements, and compliance with HIPAA’s Privacy Rule.

Who is Not Required to Follow HIPAA Regulations? 

Entities not required to follow HIPAA laws include:

Life Insurers

Since life insurers primarily deal with underwriting life insurance policies, they do not manage or maintain protected health information (PHI) as defined by HIPAA.

Employers

Employers, in their role as employers, are not covered by HIPAA regulations because they manage employee health information for employment-related purposes only, rather than for healthcare operations.

Workers’ Compensation Carriers

Workers’ compensation carriers are exempt from HIPAA because the health information they handle is typically related to work-related injuries or illnesses, which falls outside the scope of HIPAA’s regulations.

Most Schools and School Districts

Schools and school districts, except for those that run healthcare facilities or have specific health programs, are generally not subject to HIPAA as they primarily handle educational records and student information.

Many State Agencies

State agencies, such as child protective service agencies, often deal with sensitive information related to child welfare or social services, which are typically regulated under state-specific privacy laws rather than HIPAA.

Most Law Enforcement Agencies

Law enforcement agencies, while involved in protecting public safety, are generally exempt from HIPAA as they primarily focus on law enforcement activities rather than the provision of healthcare services.

Many Municipal Offices

Municipal offices that do not function as healthcare providers or healthcare clearinghouses are not subject to HIPAA regulations. They primarily manage administrative and governmental functions rather than healthcare-related activities.

What Information is Protected Under HIPAA? 

HIPAA protects a broad range of health information, primarily focusing on individually identifiable health information known as Protected Health Information (PHI). 

Under HIPAA, PHI is subject to strict privacy and security safeguards, and covered entities must obtain individual consent or authorization before using or disclosing PHI, except in certain permitted circumstances. HIPAA also allows the use and disclosure of de-identified health information, which is health information that does not identify an individual and has undergone a process to remove specific identifiers.

De-identified health information is not subject to HIPAA’s privacy and security requirements because it does not contain identifiable information that could be used to link it back to an individual. However, covered entities must follow specific guidelines and methods outlined by HIPAA to ensure that information is properly de-identified and cannot be re-identified.

Overall, HIPAA provides protection and safeguards for a wide range of health information, with a specific focus on safeguarding individually identifiable health information (PHI) and allowing for the use and disclosure of de-identified health information under certain circumstances.

When Can PHI Be Disclosed? 

Under HIPAA, Protected Health Information (PHI) can be disclosed in a variety of situations, including:

General Principle for Uses and Disclosure

PHI can be disclosed for treatment, payment, and healthcare operations without explicit authorization, following the general principle that PHI should be used or disclosed based on the minimum necessary information needed to accomplish the intended purpose.

Permitted Uses and Disclosures

PHI can be shared without individual authorization for activities such as public health activities, healthcare oversight, research (with privacy safeguards), law enforcement purposes, and when required by law, including reporting certain diseases and vital events.

Authorized Uses and Disclosures

PHI can be disclosed based on the individual’s written authorization, allowing specific uses and disclosures beyond what is permitted without authorization, such as sharing PHI for marketing purposes or with third-party organizations.

PHI Uses and Disclosures Limited to the Minimum Necessary

Covered entities are required to make reasonable efforts to limit PHI uses and disclosures to the minimum necessary to accomplish the intended purpose. This means sharing only the information necessary for the specific situation, whether it is for treatment, payment, healthcare operations, or other permitted purposes.

Notice and Individual Rights

Covered entities must provide individuals with a Notice of Privacy Practices, explaining how their PHI may be used and disclosing their rights regarding their health information. Individuals have rights such as accessing their PHI, requesting amendments, and requesting restrictions on certain uses or disclosures. 

Privacy Practices Notice

Covered entities must respect these rights and enable individuals to exercise them. 

Notice distribution

Covered entities must make efforts to distribute the Notice of Privacy Practices to individuals, including posting it prominently in their facilities and providing a copy to individuals upon request. They should also make reasonable attempts to obtain written acknowledgment of receipt.

Acknowledgment of Notice Receipt

Covered entities should document individuals’ acknowledgment of receiving the Notice of Privacy Practices. This acknowledgment can be obtained through various means, such as a signed form or electronic confirmation, ensuring that individuals have been made aware of their rights and the entity’s privacy practices.

Access

Individuals have the right to access their PHI and obtain copies of their health records upon request, with certain exceptions and reasonable fees.

Amendment

Individuals can request amendments or corrections to their PHI if they believe it is incomplete, inaccurate, or requires updating.

Disclosure Accounting

Covered entities must provide individuals with an accounting of certain disclosures of their PHI, upon request, excluding disclosures for treatment, payment, healthcare operations, and other exceptions.

Restriction Request

Individuals have the right to request restrictions on the use or disclosure of their PHI, although covered entities are not required to agree to all requested restrictions.

Confidential Communications Requirement

Covered entities must accommodate reasonable requests from individuals to receive communications of their PHI through alternative means or at alternative locations to protect privacy.

Administrative Requirements

Covered entities must establish and implement privacy policies and procedures to ensure compliance with HIPAA’s Privacy Rule, including designating a Privacy Officer responsible for overseeing privacy practices.

Privacy Personnel

Covered entities should have designated privacy personnel responsible for developing and implementing privacy policies, handling privacy inquiries, and ensuring compliance.

Workforce Training and Management

Covered entities must provide training to their workforce members regarding privacy policies, procedures, and the protection of PHI. They should also have mechanisms in place to manage workforce members’ compliance with privacy practices.

Mitigation

Covered entities must take reasonable steps to mitigate any harmful effects resulting from the use or disclosure of PHI in violation of the Privacy Rule.

Data Safeguards

Covered entities are required to implement reasonable safeguards to protect PHI from unauthorized access, disclosure, or use.

Complaints

Covered entities must have a process in place for individuals to file complaints regarding privacy practices, and they must not retaliate against individuals who exercise their privacy rights.

Retaliation and Waiver

Covered entities cannot retaliate against individuals for exercising their privacy rights, and individuals cannot be required to waive their rights as a condition for receiving treatment or benefits.

Documentation and Record Retention

Covered entities must retain documentation related to their privacy practices and policies for at least six years.

Fully Insured Group Health Plan Exception

The Privacy Rule does not apply directly to fully insured group health plans, although the plans must follow other federal and state laws governing the privacy of health information.

These various requirements and provisions ensure that covered entities adhere to privacy practices, protect individuals’ rights, and keep the security and confidentiality of PHI.

How is PHI Protected?

PHI is protected through various measures to safeguard its confidentiality, integrity, and security:

  1. Safeguards – Safeguards can include physical, technical, and administrative measures such as secure storage, encryption, access controls, and firewalls.
  2. Minimum Necessary – This means that only the information needed for a particular task or situation should be accessed or shared.
  3. Access and Authorization Controls – Covered entities must have procedures in place to control and limit who can view and access PHI. This includes implementing access controls, user authentication, and authorization processes to ensure that only authorized individuals can access and handle PHI.
  4. Employee Training – Training ensures that employees understand their responsibilities, know how to handle PHI securely, and are aware of potential risks and safeguards.
  5. Business Associates – Business associates, who handle PHI on behalf of covered entities, are also obligated to implement safeguards to protect PHI and comply with HIPAA regulations. This ensures that third-party entities involved in healthcare operations support the same level of privacy and security standards when handling PHI.

Get HIPAA Compliant With Our Checklist

By implementing the above-mentioned HIPAA safeguards, limiting the use and disclosure of PHI, and supplying employee training, covered entities and their business associates can work together to protect the privacy and security of individuals’ health information, and prevent improper use or disclosure. Want more tips to stay compliant? Check out our HIPAA Compliance Checklist.

Source :
https://www.perimeter81.com/blog/compliance/hipaa-law

The HIPAA Enforcement Rule – A Comprehensive Guide

28.07.2023

The HIPAA Enforcement Rule is a critical component of the Health Insurance Portability and Accountability Act (HIPAA).  It is designed to ensure both the privacy and security of individuals’ protected health information (PHI). 

Enforced by the Office for Civil Rights (OCR), the HIPAA Enforcement Rule empowers them to investigate and impose penalties on covered entities and business associates for non-compliance with HIPAA’s privacy and security provisions. Understanding the HIPAA Enforcement Rule is essential for healthcare organizations and their partners to avoid severe consequences and maintain the trust and confidentiality of patient data. 

Read on to discover everything you need to know about the HIPAA Enforcement Rule so that you can ensure compliance. 

What is the HIPAA Enforcement Rule?

The HIPAA Enforcement Rule encompasses regulations concerning adherence to HIPAA guidelines, inquiries, and examinations, in addition to guidelines outlining the specifics of a Civil Monetary Penalty (CMP) that can be enforced in response to violations of HIPAA regulations. 

Additionally, the rule establishes procedures for conducting hearings related to such penalties. This essential component of the Health Insurance Portability and Accountability Act aims to maintain compliance, ensuring the safeguarding of protected health information and setting forth measures for investigating and penalizing non-compliant entities.

How Does the HIPAA Enforcement Rule Work?

The HIPAA Enforcement Rule operates on both Federal and State Government levels. 

The Office for Civil Rights, part of the Department of Health and Human Services, handles complaints and conducts investigations. Based on the findings, enforcement actions can be taken, and penalties or fines may be imposed. In some cases, entities may voluntarily improve compliance during the OCR investigation, and the OCR may offer guidance on resolving the violations and ensuring compliance.

Elements of the HIPAA Enforcement Rule

The HIPAA Enforcement Rule comprises four essential elements: the Privacy Rule, Security Rule, Breach Notification Rule, and Omnibus Rule. These components work collectively to safeguard patient privacy and ensure compliance with stringent regulations governing PHI in the healthcare industry, as follows:

The Privacy Rule

The Privacy Rule governs the use and disclosure of individuals’ PHI by covered entities and their business associates. It sets standards to ensure patients’ privacy rights are respected and protected.

The Security Rule

The Security Rule outlines requirements for implementing safeguards to protect electronic PHI (ePHI) and ensure the confidentiality, integrity, and availability of health information. Covered entities must implement administrative, physical, and technical safeguards to prevent unauthorized access and data breaches.

The Breach Notification Rule

This rule mandates that covered entities and their business associates promptly notify affected individuals, the Department of Health and Human Services (HHS), and the media (in certain cases) in the event of a breach of unsecured PHI. The Breach Notification Rule ensures transparency and timely action to mitigate the impact of breaches on individuals’ privacy.

The Omnibus Rule

The Omnibus Rule introduced several modifications and additions to strengthen patient privacy protections. It expanded the scope of liability to business associates, increased penalties for non-compliance, and aligned HIPAA with the Health Information Technology for Economic and Clinical Health (HITECH) Act’s requirements.

How the Rule Affects Covered Entities

The HIPAA Enforcement Rule significantly impacts covered entities, such as healthcare providers, health plans, and healthcare clearinghouses, by imposing strict obligations to protect patient data and maintain compliance with HIPAA regulations. 

Non-compliance may result in penalties, fines, and reputational damage, making it imperative for these entities to prioritize privacy and security measures to ensure the trust and confidentiality of patient information.

The Main HIPAA Enforcement Rule Penalties

HIPAA penalties serve as a crucial deterrent and ensure the protection of individuals’ PHI in the healthcare industry as follows:

Civil Money Penalties

Civil money penalties hold covered entities and business associates accountable for non-compliance with HIPAA regulations. These penalties are imposed by the Department of Health and Human Services’ Office for Civil Rights and can be significant, depending on the severity of the violation. The amount of the penalty is determined based on several factors, including the nature and extent of the violation, the entity’s level of culpability, and the efforts made to correct the violation promptly.

The OCR has the authority to impose civil money penalties for violations related to the Privacy, Security, and Breach Notification Rules. The penalties aim to promote compliance and encourage covered entities to implement robust safeguards and measures to protect patients’ PHI.

Criminal Penalties

In addition to civil money penalties, the HIPAA Enforcement Rule includes provisions for criminal penalties for certain egregious violations of HIPAA regulations. Criminal penalties are typically reserved for deliberate and willful violations of HIPAA rules. Individuals, such as employees or officers of covered entities, can face criminal charges and prosecution for knowingly obtaining or disclosing PHI without authorization.

The penalties can include fines and imprisonment, depending on the severity of the offense. Criminal penalties serve as a powerful deterrent against intentional breaches and underscore the seriousness of safeguarding patients’ sensitive health information.

The Most Common HIPAA Rule Violations

Identifying and addressing the most common HIPAA rule violations is crucial for healthcare organizations to maintain compliance and protect patients’ sensitive information. Violations may include:

No or Insufficient Employee Training

Covered entities must ensure that all employees, including staff, volunteers, and contractors, receive comprehensive training on HIPAA regulations. Without adequate training, employees may unintentionally mishandle or disclose PHI, putting patient privacy at risk.

Regular training sessions and updates are essential to keep staff informed of the latest HIPAA requirements and reinforce the importance of safeguarding PHI.

No Secure Technology

Likewise, covered entities must employ robust technical safeguards to protect ePHI from unauthorized access or disclosure. This includes encryption, access controls, audit logs, and secure transmission methods. Neglecting to adopt these measures can leave patient data vulnerable to cyberattacks and breaches, potentially leading to severe penalties and damage to the organization’s reputation.

Improper Disposal of PHI

This can occur when covered entities fail to implement proper procedures for disposing of physical documents containing sensitive patient information. Discarding PHI in regular trash bins or recycling containers without appropriate shredding or destruction can lead to unauthorized access and disclosure.

Covered entities must have clear policies in place for the secure disposal of PHI to prevent data breaches and protect patient privacy.

No Risk Analysis

Covered entities must conduct regular risk assessments to identify and address potential vulnerabilities in their systems and processes. The lack of a thorough risk analysis can result in undetected weaknesses, leaving patient data at risk of unauthorized access or breaches.

Performing regular risk assessments helps organizations proactively address security gaps and ensures compliance with HIPAA’s security rule requirements.

The HIPAA Enforcement Process 

The HIPAA Enforcement Process involves a series of steps carried out by the OCR to address complaints and investigate potential violations, leading to resolution and, if necessary, the imposition of penalties. It involves:

Intake and Review

Complaints can be filed by individuals, patients, or even whistleblowers, reporting alleged violations of HIPAA regulations by covered entities or business associates. During the review process, the OCR evaluates the validity and scope of the complaint to determine if it falls within the jurisdiction of the HIPAA Enforcement Rule. If the complaint is deemed valid, it moves forward to the investigation stage.

Investigation

This involves gathering evidence, conducting interviews, reviewing documentation, and assessing the covered entity’s or business associate’s compliance with relevant HIPAA rules, such as the Privacy Rule, Security Rule, and Breach Notification Rule.

The OCR aims to determine the extent of the violation and assess its impact on patient privacy and security. During the investigation, the OCR may request corrective action and evidence of compliance efforts from the covered entity or business associate.

Resolution

This is the final stage of the HIPAA Enforcement Process and it involves reaching a resolution based on the investigation’s findings. If the OCR identifies violations, it may engage in informal negotiations with the covered entity or business associate to achieve voluntary compliance and implement corrective actions.

If the entity fails to comply or the violation is particularly severe, the OCR may impose civil monetary penalties. The resolution process aims to address the issues identified during the investigation, promote adherence to HIPAA regulations, and ultimately protect patients’ PHI.

Throughout the process, the OCR focuses on education, guidance, and enforcement to uphold the standards of the HIPAA Enforcement Rule.

HIPAA Enforcement: Strengthening Compliance and Safeguarding Privacy

In conclusion, the HIPAA Enforcement Process plays a crucial role in upholding the principles of the Health Insurance Portability and Accountability Act and safeguarding the confidentiality and security of patients’ PHI. 

Most importantly, The HIPAA Enforcement Process fosters a culture of accountability and responsibility, contributing to a stronger healthcare system that respects patient privacy and maintains trust in the handling of sensitive health information.

By understanding and adhering to the enforcement process, healthcare organizations can strive for continuous compliance, providing patients with the confidence that their PHI remains confidential and secure in all circumstances.

Want to improve your compliance? Check out our HIPAA Compliance Checklist.

FAQs

Why was the enforcement rule introduced for HIPAA?

The HIPAA Enforcement Rule was introduced to ensure compliance with the Health Insurance Portability and Accountability Act (HIPAA) and strengthen the protection of individuals’ protected health information (PHI). It empowers the Office for Civil Rights (OCR) to investigate complaints and violations, impose penalties, and hold covered entities and business associates accountable for safeguarding patient privacy and data security.

Who is responsible for the enforcement of the HIPAA Privacy Rule?

The Office for Civil Rights (OCR), which operates under the Department of Health and Human Services (HHS), is responsible for enforcing the HIPAA Privacy Rule. The OCR conducts investigations, responds to complaints, and takes necessary enforcement actions to ensure covered entities comply with the Privacy Rule’s regulations, which pertain to the use and disclosure of PHI.

What rule was designed to enhance enforcement of the original HIPAA rules?

The Health Information Technology for Economic and Clinical Health (HITECH) Act, passed in 2009, was designed to enhance the enforcement of the original HIPAA rules. HITECH introduced the HIPAA Breach Notification Rule, expanded HIPAA requirements to business associates, and increased the penalties for non-compliance, thereby strengthening the overall enforcement process.

What is a typical reason for disclosing PHI to law enforcement?

A typical reason for disclosing PHI to law enforcement is related to situations involving victims of crimes, reporting of crimes, or identifying suspects. Covered entities may disclose PHI to law enforcement authorities when required by law or pursuant to a court order, subpoena, or other lawful process.

What are the exceptions to HIPAA for law enforcement?

While HIPAA allows for the disclosure of PHI to law enforcement under specific circumstances, there are exceptions where PHI disclosure is not required. For instance, disclosure is not mandatory when law enforcement requests the information for investigative purposes, or if the request does not fall within the scope of HIPAA’s permitted disclosures.

What is the definition of law enforcement under HIPAA?

Under HIPAA, the term “law enforcement” refers to any government agency or authority that has the responsibility to enforce laws relating to criminal conduct or violations. This includes federal, state, and local law enforcement agencies that have the legal authority to investigate and enforce criminal laws.

Source :
https://www.perimeter81.com/blog/compliance/hipaa-enforcement-rule

18 Tips to Improve the Remote Network Security of Your Business

30.07.2023

Post-COVID-19, with the rise of remote work, business network security has become paramount. The rapid shift to remote work unveiled numerous network vulnerabilities, risking data breaches, financial losses, and reputational harm. 

No longer is a simple firewall enough; today’s remote security includes technologies from VPNs to cloud measures and the zero-trust model. Besides these tools, it’s crucial to recognize risks, such as shared passwords, outdated software, and insecure personal devices. 

Here are some of the best tips to enhance your business’s remote security, guaranteeing safe and streamlined operations.

What is Business Remote Network Security? 

Business remote network security encompasses measures safeguarding a company’s digital assets accessed from remote locations. Securing these connections has become paramount with the growth of remote work and evolving digital landscapes.

Who is Responsible for Remote Network Security?

The responsibility for ensuring that your remote network stays secure primarily rests with SecOps. They can combat cybersecurity risks via strong access controls, monitor remote access, update rules, and test remote access operations.

Cybersecurity teams now lead and manage secure remote access policies, processes, and technologies, though traditionally, it’s a network team’s role.

SecOps has gained prominence amid increasing cyber threats and a remote workforce. Their roles include:

  • Sharing passwords
  • Usage of software that breaches an organization’s security standards
  • Personal devices without encryption 
  • Negligible or absent patching practices

Key attributes of a proficient SecOps team include:

  1. Diverse expertise: SecOps teams boast a mix of professionals.
  2. Advanced tools: They use cutting-edge tools for real-time monitoring and quick threat detection and response.
  3. Cloud security management: Secure and manage cloud resources.
  4. Automation and AI integration: Use automation and AI to address modern threats quickly.
  5. Adherence to best practices: SecOps teams follow best practices, staying proactive against emerging threats.

How Does Remote Network Security Work? 

Remote network security allows users to access resources anywhere without risking data or network integrity. 

  1. The basics of remote access: Users must install the remote software on the target devices. Once active, users log in, choose the target device, and its screen gets mirrored.
  2. Securing endpoints: Secure all endpoints (PCs, smartphones) on networks with updated antivirus and adherence to security guidelines. Equip employees with tools and knowledge for protection.
  3. Minimizing attack surfaces: Remote access, while convenient, introduces vulnerabilities. Ransomware, for example, frequently targets remote desktop protocols (RDP). It’s essential to configure firewalls to respond only to known IP addresses.
  4. Implementing multi-factor authentication (MFA): MFA enhances security with multiple identifiers like passwords and tokens, granting access to verified users only.
  5. Using VPNs: VPNs secure connections on public Wi-Fi but update software to prevent vulnerabilities.
  6. Monitoring and logging: For remote work, update SIEM and firewall to handle home logins. Record and monitor all remote sessions in real-time, triggering alerts for suspicious activity.
  7. User education: Informed users significantly bolster cyber defenses. Employees require training to spot threats.
  8. Policy updates and role-based access control (RBAC): Updating policies across all devices is vital. Also, it’s important to grant access based on roles.

Why is Remote Network Security Important?

Robust remote network security is essential as businesses embrace remote work’s benefits, like flexibility and cost savings, while facing significant cybersecurity challenges. 

Protecting data and operations in remote work is vital for business continuity and reputation. Companies must prioritize safeguarding digital assets and networks from threats and breaches.

  1. Unprecedented growth in remote work: Over the last 5 years, remote work has grown by 44%, challenging traditional corporate network security perimeters as operations expand online.
  2. Vulnerability to data breaches: Remote work surge led to more data breaches. Proxyrack found healthcare breaches costing $9.23 million and the finance sector averaging $5.27 million.
  3. Targeted attacks: The U.S. faces 7,221,177 incidents per million people, the highest globally. The average breach cost for U.S. companies is $9,050,000.
  4. More than just financial loss: Data breaches inflict enduring financial and reputational harm, eroding customer trust. To preserve brand integrity and loyalty, companies must prioritize cybersecurity.
  5. The human element: Remote employees are vulnerable to cyberattacks due to personal devices and unsecured networks. Mistakes like phishing or weak passwords risk breaches.
  6. The need for proactive defense: Businesses need a proactive approach to tackle remote data breaches: train employees, use secure clouds, and update technology and systems.

Advantages of Remote Network Security

Securing your remote networks offers significant advantages to businesses, particularly in an era marked by escalating cyber crimes and the rise of remote work. Let’s explore the four main benefits of implementing robust security measures.

Secure Your Network Everywhere, on Any Device

Remote network security protects data and systems, blocking unauthorized access from the company or personal devices.

Improved Endpoint Protection

Vulnerable endpoints, such as laptops and smartphones, attract cybercriminals. Maintaining the security of your networks ensures all endpoints remain protected. We use VPNs, multi-factor authentication, and security tools to reinforce endpoint safety.

Secure Web Access for All Employees

Employees frequently access online company resources. This security encrypts online interactions, granting access only to authorized users.

Raise Awareness of Security Issues

Empowering employees with remote security fosters cyber awareness. Training, updates, and drills cultivate a vigilant defense against threats.

18 Tips to Improve Your Remote Network Security

The digital shift has propelled many businesses towards a remote work model. With this evolution comes a heightened need to prioritize the security of your remote networks. 

Here are 18 strategies to bolster your defenses:

Protect Endpoints for All Remote Users

Secure all devices connecting to the network to reduce breach risks.

Reduce Attack Surface in Remote Work

Frequently update and patch software. Also, practice access limitation.

Use Multi-Factor Authentication

Strengthen security by mandating multiple identification forms before granting access.

Use Password Managers

Urge employees to adopt password managers.

Implement Single Sign-on Technology

Streamline login: utilize a single set of credentials for multiple applications.

Use VPNs

By encrypting internet traffic, Virtual Private Networks ensure confidential data transmission.

Adjust Logs and Security Information Tracking

Consistently revise and refresh logs to pinpoint and address anomalous or unauthorized actions.

Educate Your Employees and Contractors

Equip everyone with knowledge on contemporary cybersecurity threats and best practices to foster an informed, watchful team.

Create Clear Remote Work Policies

Craft clear-cut rules guiding employees’ interaction with company resources during remote work.

Build Intrusion Prevention and Detection Systems

Set up systems to check the network for malevolent activities. This ensures you’re using preventive measures against detected threats.

Use Firewalls

Position firewalls as protective barriers, scrutinizing incoming and outgoing traffic to safeguard against potential risks.

Encrypt and Back-up Data

Prioritize encryption of sensitive data and consistently back up crucial information to avert data loss.

Use Secure Software

Opt for reputable software that aligns with the organizational security benchmarks.

Implement an Identity Access and Management (Iam) Framework

With IAM, manage user identities and their access rights, ensuring that only vetted individuals can tap into particular resources.

Build Service-Level Agreements With Third-Party Vendors

Hold third-party associates to the same security standards as your company.

Ensure Mobile Security

Prioritize mobile device security as usage rises, safeguarding organizational data access.

Implement Direct Application Access Processes

Let users directly access applications without jeopardizing the security of the primary network.

Secure Specific Remote Work Devices

Ensuring the security of devices designated for remote work goes beyond the hardware; it’s about integrating sound policies, technologies, and procedures. 

Here’s a concise breakdown:

  • Criteria: Establish straightforward criteria for determining which employees are eligible for remote access.
  • Technologies & features: Opt for secure technologies offering valuable features like encryption.
  • IT resource access: Deploy specific IT assets.
  • Network resources: Guarantees a secure connection.
  • IT personnel: Assign dedicated staff.
  • Emergency protocols: Have a quick response strategy for emergencies like security breaches.
  • Integration: Integrate remote access security with other data protection measures.

Technologies Used for Business Remote Network Security

In the evolving landscape of remote work, businesses leverage advanced technologies to fortify their network security. These technologies protect sensitive data and ensure seamless operations across distributed teams. 

Here’s a closer look at some of the pivotal technologies in use:

Endpoint Security

Endpoint security safeguards all user devices in a network, which is crucial for remote work and personal device use. It defends against cyber threats, ensuring data integrity.

Virtual Private Networks (VPN)

Business VPNs safeguard data between user devices and the company’s network, which is vital for remote workers accessing company resources securely.

Zero Trust Network Access (ZTNA)

ZTNA: “Never trust, always verify” principle replaces perimeters. Every user and device is verified for network access. It’s not a VPN alternative, the two work hand in hand to secure your assets.

Network Access Control

The technology assesses and enforces network access policies based on device health, update status, and more for compliance.

Single Sign-on

SSO simplifies login across apps, enhances convenience, saves time, and reduces password-related breaches.

Secure Access Service Edge (SASE)

SASE: Cloud-based service combining network and security functions for modern businesses.

The Future of Business Security in a Remote World

The digital age demands remote network security for businesses. Global events shift to remote work and expose traditional vulnerabilities. This article provides insights and actionable tips on securing your networks to bolster your business operations. 

With evolving technology come evolving threats. To keep your business secure and efficient, stay informed, proactive, and adaptable to emerging challenges. By adopting these tools and strategies, you’ll confidently navigate the future of remote work securely.

Looking for a secure and seamless digital future for your business? Click here to book a consultation and enjoy strengthened security, tailor-made remote work solutions, and a robust digital infrastructure.

Source :
https://www.perimeter81.com/blog/network/business-remote-network-security

New SEC Cybersecurity Rules: What You Need to Know

By: Greg Young – Trendmicro
August 03, 2023
Read time: 4 min (1014 words)

The US Securities and Exchange Commission (SEC) recently adopted rules regarding mandatory cybersecurity disclosure. Explore what this announcement means for you and your organization.

On July 26, 2023, the US Securities and Exchange Commission (SEC) adopted rules regarding mandatory cybersecurity disclosure. What does this mean for you and your organization? As I understand them, here are the major takeaways that cybersecurity and business leaders need to know:

Who does this apply to?

The rules announced apply only to registrants of the SEC i.e., companies filing documents with the US SEC. Not surprisingly, this isn’t limited to attacks on assets located within the US, so incidents concerning SEC registrant companies’ assets in other countries are in scope. This scope also, not surprisingly, does not include the government, companies not subject to SEC reporting (i.e., privately held companies), and other organizations.

Breach notification for these others will be the subject of separate compliance regimes, which will hopefully, at some point in time, be harmonized and/or unified to some degree with the SEC reporting.

Advice for security leaders: be aware that these new rules could require “double reporting,” such as for publicly traded critical infrastructure companies. Having multiple compliance regimes, however, is not new for cybersecurity.

What are the general disclosure requirements?

Some pundits have said “four days after an incident” but that’s not quite correct. The SEC says that “material breaches” must be reported “four business days after a registrant determines that a cybersecurity incident is material.”

We’ve hit the first squishy bit: materiality. Directing companies to disclose material events shouldn’t be necessary before there’s a mixed record of companies making materiality for public company operation. But what kind of cybersecurity incident would be likely to be important to a reasonable investor?

We’ve seen giant breaches that paradoxically did not move stock prices, and minor breaches that did the opposite. I’m clearly on the side of compliance and disclosure, but I recognize it is a gray area. Recently we saw some companies that had the MOVEit vulnerability exploited but had no data loss. Should they report? But in some cases, their response to the vulnerability was in the millions: how about then? I expect and hope there will be further guidance.

Advice for security leaders: monitor the breach investigation and monitor the analysis of materiality. Security leaders won’t often make that call but should give guidance and continuous updates to the CxO who are responsible.

The second squishy bit is that the requirement is the reporting should be made four days after determining the incident is material. So not four days after the incident, but after the materiality determination. I understand why it was structured this way, as a small indicator of compromise must be followed up before understanding the scope and nature of a breach, including whether a breach has occurred at all. But this does give a window to some of the foot-dragging for disclosure we’ve unfortunately seen, including product companies with vulnerabilities.

Advice for security leaders: make management aware of the four-day reporting requirement and monitor the clock once the material line is crossed or identified.

Are there extensions?

There are, but not because you need more time. Instead “The disclosure may be delayed if the United States Attorney General determines that immediate disclosure would pose a substantial risk to national security or public safety and notifies the Commission of such determination in writing.” Note that it specifically states that the Attorney General (AG) makes that determination, and the AG communicates this to the SEC. There could be some delegation of this authority within the Department of Justice in the future, but today it is the AG.

How does it compare to other countries and compliance regimes?

Breach and incident reporting and disclosure is not new, and the concept of reporting material events is already commonplace around the world. GDPR breach reporting is 72 hours, HHS HIPAA requires notice not later than 60 days and 90 days to individuals affected, and the UK Financial Conduct Authority (FCA) has breach reporting requirements. Canada has draft legislation in Bill C-26 that looks at mandatory reporting through the lens of critical industries, which includes verticals such as banking and telecoms but not public companies. Many of the world’s financial oversight bodies do not require breach notification for public companies in the exchanges they are responsible for.

Advice to security leaders: consider the new SEC rules as clarification and amplification of existing reporting requirements for material events rather than a new regime or something that is harsher or different to other geographies.

Is breach reporting the only new rule?

No, I’ve only focused on incident reporting in this post. There’s a few more. The two most noteworthy ones are:

  • Regulation S-K Item 106, requiring registrants to “describe their processes, if any, for assessing, identifying, and managing material risks from cybersecurity threats, as well as the material effects or reasonably likely material effects of risks from cybersecurity threats and previous cybersecurity incidents.”
  • Also specified is that annual 10-Ks “describe the board of directors’ oversight of risks from cybersecurity threats and management’s role and expertise in assessing and managing material risks from cybersecurity threats.”

Bottom line

SEC mandatory reporting for material cybersecurity events was already a requirement under the general reporting requirements, however the timelines and nature of the reporting are getting real and have a ticking four-day timer on them.

Stepping back from the rules, the importance of visibility and continuous monitoring are the real takeaways. Time to detection can’t be at the speed of your least experienced analyst. Platform means unified visibility rather than a wall of consoles. Finding and stopping breaches means internal visibility must include a rich array of telemetry, and that it be continuously monitored.

Many SEC registrants have operations outside the US, and that means visibility needs to include threat intelligence that is localized to other geographies. These new SEC rules show more than ever that that cyber risk is business risk.

To learn more about cyber risk management, check out the following resources:

Source :
https://www.trendmicro.com/en_us/research/23/h/sec-cybersecurity-rules-2023.html