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Certified Information Privacy Professional/United
Please use the following to answer the next QUESTION:
You are the chief privacy officer at HealthCo, a major hospital in a large U.S. city in
state A. HealthCo is a HIPAA-covered entity that provides healthcare services to
more than 100,000 patients. A third-party cloud computing service provider,
CloudHealth, stores and manages the electronic protected health information (ePHI)
of these individuals on behalf of HealthCo. CloudHealth stores the data in state B. As
part of HealthCo’s business associate agreement (BAA) with CloudHealth, HealthCo
requires CloudHealth to implement security measures, including industry standard
encryption practices, to adequately protect the data. However, HealthCo did not
perform due diligence on CloudHealth before entering the contract, and has not
conducted audits of CloudHealth’s security measures.
A CloudHealth employee has recently become the victim of a phishing attack. When
the employee unintentionally clicked on a link from a suspicious email, the PHI of
more than 10,000 HealthCo patients was compromised. It has since been published
online. The HealthCo cybersecurity team quickly identifies the perpetrator as a known
hacker who has launched similar attacks on other hospitals C ones that exposed the
PHI of public figures including celebrities and politicians.
During the course of its investigation, HealthCo discovers that CloudHealth has not
encrypted the PHI in accordance with the terms of its contract. In addition,
CloudHealth has not provided privacy or security training to its employees. Law
enforcement has requested that HealthCo provide its investigative report of the
breach and a copy of the PHI of th individuals affected.
A patient affected by the breach then sues HealthCo, claiming that the company did