By electronic notice that complies with the The added obligations of having to notify the public about the Where there is insufficient or out-of-date contact information for fewer than 10 affected individuals, the covered entity may provide the substitute notice by way of an alternative form of written notice, telephone, or other means. Effective May 25, 2018. and the date of its discovery, if known; The types of information (e.g., name, Social ☐ We know we must inform affected individuals without undue delay. The first appearance of breach notification laws was in 2003, when the state of California, often a legal trendsetter and privacy and in other areas, enacted a law requiring a … As a data processor, Office 365 will ensure that our customers are able to meet the GDPR's breach notification requirements as data controllers. jurisdiction, a covered entity must, following discovery of the breach, notify “Unsecured” means that breaches regarding information that has been rendered unusable, unreadable, … Requirements of General Data Protection Regulation (GDPR) Regulation (EU) 2016/679, Arts. Tip: The breach notification requirements are found in the 2005 Interagency Guidelines Establishing Information Security Standards. For example, in California (which is famed for initiating mandatory breach notification requirements), notice is required for any “breach of the security of the system”, which is defined as the “unauthorised acquisition of computerized data that compromises the security, confidentiality or integrity of personal … entity. Last modified 27 Jan 2020 A covered If, however, a breach affects fewer than 500 individuals, the covered entity may notify the Secretary of such breaches on an annual basis. use, or disclosure of PHI is a breach unless the covered entity or business the individual’s authorization. Whom do you notify about the breach? Laws pertaining to breach notification in Delaware apply to entities. number, email address, website, or postal address. Covered entities will notify the Secretary by visiting the HHS web site and filling out and electronically submitting a breach report form. (There are exceptions which are defined below.) unsecured PHI has been, or is reasonably believed by the covered entity to have  Covered entities and business associates should consider which entity is in the best position to provide notice to the individual, which may depend on various circumstances, such as the functions the business associate performs on behalf of the covered entity and which entity has the relationship with the individual. If the covered entity has insufficient or out-of-date contact information for fewer than 10 individuals, the covered entity may provide substitute notice by an alternative form of written notice, by telephone, or other means. Â. Victimized … ); definitions of “personal information” (e.g., name combined with SSN, drivers license or state ID, account numbers, etc. When an organization determines that a security incident is a breach under applicable law, it may be required to provide notification to one or more regulators, affected consumers/data subjects, consumer reporting agencies or Credit Reporting Agencies (U.S. companies such as Equifax, Experian and Transunion) … The System Operator must report a notifiable data breach to the OAIC. In addition to notifying affected individuals and the media (where appropriate), covered entities must notify the Secretary of breaches of unsecured protected health information. The guidance was reissued after consideration of public comment received and specifies encryption and destruction as the technologies and methodologies for rendering protected health information unusable, unreadable, or indecipherable to unauthorized individuals. • Other cyber incident notification requirements may apply if the event affects critical infrastructure or regulated entities. The extent to which the risk to the protected health information has been mitigated. GDPR Data Breach Notification Requirements Attorney Publications. individual persons) that handle, collect, disseminate, or otherwise deal with 3 Common carriers should be aware of … December 10, 2020December 11, 2020 By admin. and which compromises the security or privacy of the PHI. Article 32 requires controllers and processors to implement technical and organizational measures that “ensure a … However, under the GDPR, a company will be legally obliged to inform its data protection regulator (and, in … With respect to data collectors that merely “maintain or Covered entities must notify affected individuals following the discovery of a breach of unsecured protected health information. been, accessed, acquired, used, or disclosed as a result of the breach. Legally, the obligations for how to respond to a breach This website does not create or constitute a client-attorney relationship between you and us and does not create any duty for us to follow up with you. Security breach laws typically have provisions regarding who must comply with the law (e.g., businesses, data or information brokers, government entities, etc. Unsecured protected health information is protected health information that has not been rendered unusable, unreadable, or indecipherable to unauthorized persons through the use of a technology or methodology specified by the Secretary in guidance.Â, This guidance was first issued in April 2009 with a request for public comment. Like HIPAA as it applies to covered entities, the FTC Rule requires a vendor of PHR or a PHR related entity to notify affected individuals and, where applicable, the media of a data breach “without unreasonable delay” and in no case later than 60 calendar days after discovery of the breach. information from these sources about fraud alerts and security freezes. requirements under each of these laws. The nature and extent of the protected health information involved, including the types of identifiers and the likelihood of re-identification; The unauthorized person who used the protected health information or to whom the disclosure was made; Whether the protected health information was actually acquired or viewed; and. notify the owner or licensee of the breach immediately following its discovery. And while the direct consequences of the breach can be onerous enough, the ensuing investigation can unearth a range of other issues. The data collector must provide the notice at no charge to affected individuals. Breaches of Unsecured Protected Health Information affecting 500 or more individuals.  View a list of these breaches. is subject to certain exceptions, including where the acquisition, access, or In that case, all consumer reporting agencies and credit bureaus that compile and maintain nationwide files must be notified of the timing, distribution, and content of the notices “ without … The geography of the breach: Some data protection laws only apply to certain geographies or certain users in a given geography; The industry it occurs in, i.e., industry-specific rules on data breach notification; Some examples of data breach notification requirements . Similar provisions implemented and enforced by the Federal Trade Commission (FTC), apply to vendors of personal health records and their third party service providers under the HITECH Act. Security number) that were breached; Steps individuals should take to protect However, a covered entity or business associate may delay notification if a law enforcement official so requests in order to avoid impeding a criminal investigation or “caus[ing] damage to national security.”. CPS 234 applies to all APRA-regulated entities who among other things, are required to notify APRA within 72 hours “after becoming aware” of an information security incident and no later than 10 business days after “it becomes aware of a material information security control weakness which the entity expects it will not be able … 33-34. Responding to a personal data breach ☐ We have in place a process to assess the likely risk to individuals as a result of a breach. doing to investigate the breach, mitigate harm, and avoid further breaches; and. With respect to a breach at or by a business associate, while the covered entity is ultimately responsible for ensuring individuals are notified, the covered entity may delegate the responsibility of providing individual notices to the business associate. Notify the Media. DISCLAIMER: None of the content on this website constitutes legal advice. breach often compound that disruption. The same federal encryption and destruction otherwise read the data elements have been obtained through a breach. The System Operator is also responsible for notifying affected healthcare recipients of a breach where this is required by the My Health Records Act. If the covered entity has insufficient or out-of-date contact information for 10 or more individuals, the covered entity must provide substitute individual notice by either posting the notice on the home page of its web site for at least 90 days or by providing the notice in major print or broadcast media where the affected individuals likely reside. A breach is, generally, an impermissible use or disclosure under the Privacy Rule that compromises the security or privacy of the protected health information. Contact procedures for individuals to ask Liability Waivers in Healthcare: Can They Protect You From Patient Accusations of Sexual Harassment? The toll-free numbers and addresses for consumer A breach under PIPA While the most publicized breaches involve insurance companies, healthcare technology companies, and large hospital systems, hackers target specialty practices as well. In addition, service providers that maintain computerized data on behalf of the data’s owner or licensee are also generally covered under data breach notification laws, and would be required to … For example, an electronic data breach at Athens Orthopedic Clinic led the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) to uncover numerous areas of non-compliance.  Covered entities will likely provide this notification in the form of a press release to appropriate media outlets serving the affected area.  Like individual notice, this media notification must be provided without unreasonable delay and in no case later than 60 days following the discovery of a breach and must include the same information required for the individual notice. States whose unsecured health information was acquired by an unauthorized and no further impermissible use or disclosure occurs. Please review our website privacy policy and conditions of use prior to using this website. Additionally, the GDPR provides data breach notification requirements. In the case of breaches impacting fewer than 500 individuals, HIPAA breach notification requirements are for notifications to be issued to the HHS within 60 days of the end of the calendar year in which the breach was discovered. does not include “good faith acquisition” of personal information by a data standards for encryption or destruction of the information, determining which data breach reporting laws apply to your business or practice and managing your response to a data breach, Is it Legal? This case was the first settlement with a covered entity for not having policies and procedures to address the HIPAA Breach Notification Rule. 6 Time Limit To Notify Government. individuals. Thus, with respect to an impermissible use or disclosure, a covered entity (or business associate) should maintain documentation that all required notifications were made, or, alternatively, documentation to demonstrate that notification was not required: (1) its risk assessment demonstrating a low probability that the protected health information has been compromised by the impermissible use or disclosure; or (2) the application of any other exceptions to the definition of “breach.”. collector must report a breach involving more than 500 Illinois residents to Covered entities that experience a breach affecting more than 500 residents of a State or jurisdiction are, in addition to notifying the affected individuals, required to provide notice to prominent media outlets serving the State or jurisdiction. If a breach affects 500 or more individuals, covered entities must notify the Secretary without unreasonable delay and in no case later than 60 days following a breach. involving healthcare-related data arise from laws that include: In this post, we summarize the key breach reporting 200 Independence Avenue, S.W. Trade Commission’s (FTC) Health Breach Notification Rule, Personal must notify all Illinois residents whose personal information is acquired in questions or learn additional information, including a toll-free telephone business associate subject to HIPAA. the breach following the data collector’s discovery or notification of the The FTC Rule largely mirrors HIPAA with respect to the HHS > HIPAA Home > For Professionals > Breach Notification Rule. entity must, following the discovery of a breach, notify each individual whose These reports in our likelihood were generated by one or probably a lot more than one security breach notification laws that apply to that situation. Taking Patient Files to a New Practice: Does HIPAA Prohibit It? The covered entity, in turn, must notify affected individuals, HHS, use of PHI was unintentional and “made in good faith” by a workforce member or Generally, data breach notification laws apply to persons or businesses that own or license computerized data that includes PII. The previous Government introduced a mandatory data breach notification bill in 2013 based on the ALRC recommendation, but the bill In both cases, the information cannot be further used or disclosed in a manner not permitted by the Privacy Rule. Definition of Breach. If the number of individuals a covered entity is required to notify exceeds 1,000 individuals, the entity shall provide written notice of the breach to the Attorney General as expeditiously as possible and without unreasonable delay. that it was not protected in accordance with federal What You Need to Know About Canada’s New Breach Notification Law. There are three exceptions to the definition of “breach.” The first exception applies to the unintentional acquisition, access, or use of protected health information by a workforce member or person acting under the authority of a covered entity or business associate, if such acquisition, access, or use was made in good faith and within the scope of authority. These new requirements apply to NFA Members, including registered futures commission merchants, ... Continue Reading NFA Members Should Prepare for Onerous New Breach Notification Requirements. was made; Whether the PHI was actually acquired or viewed; The extent to which the risk to the PHI has been mitigated. entail access by the business associate to “protected health information” The second exception applies to the inadvertent disclosure of protected health information by a person authorized to access protected health information at a covered entity or business associate to another person authorized to access protected health information at the covered entity or business associate, or organized health care arrangement in which the covered entity participates. Generally, data breach notification laws apply to persons or businesses that own or license computerized data that includes PII. Covered entities must provide this individual notice in written form by first-class mail, or alternatively, by e-mail if the affected individual has agreed to receive such notices electronically. HIPAA presumes that an impermissible acquisition, access, the FTC; A statement that the individual can obtain requirements. Breach Notification: New Data Protection Requirements. U.S. Department of Health & Human Services, has sub items, Covered Entities & Business Associates, Other Administrative Simplification Rules, filling out and electronically submitting a breach report form. reporting agencies; The toll-free number, address, and website for Additionally, the guidance also applies to unsecured personal health record identifiable health information under the FTC regulations. or clients. A hacker has just infiltrated your business’s IT system and A covered entity may provide notification of a breach to The FTC Rule defines a “breach” as the acquisition of methods by which a covered entity may provide notification of a breach. Some cyber incidents result from criminal activities. entity must notify the agency as soon as possible and in no case later than 10 Though the breach itself was the work of a malicious hacker, OCR also discovered the clinic’s failures to fulfill HIPAA requirements, including HIPAA policies and procedures, risk assessments, employee training, and business associate agreements. must notify the Secretary of the U.S. Department of Health and Human Services password or security question and answer. For more information … person as a result of the breach. Insurance Portability and Accountability Act (HIPAA) and its Breach but the keys to unencrypt or unredact or All rights reserved. Subject to subsection (14), a person that knowingly fails to provide any notice of a security breach required under this section may be ordered to pay a civil fine of not more than $250.00 for each failure to provide notice.  For example, covered entities must have in place written policies and procedures regarding breach notification, must train employees on these policies and procedures, and must develop and apply appropriate sanctions against workforce members who do not comply with these policies and procedures. Application. For purposes of Â. A data collector may provide notification of a breach to affected A breach is considered “discovered” under HIPAA as of the first day on which any person (other than the person committing the breach) who is an employee, other workforce member, or agent of the covered entity knew, or by exercising “reasonable diligence” would have known, of the breach. PHR related entity with which the third-party service provider contracts to business days after discovery of a breach involving 500 or more individuals. The new HIPAA breach notification requirements override any conflicting state laws. (HHS). Divisions of HHS commonly use websites, blog entries, and social media posts to issue communications with regulated parties. notification requirements apply only if the breached PHI was “unsecured,” meaning To schedule a complimentary phone consultation with one of Jackson LLP’s healthcare attorneys, call our office at (312) 985-6484 or click the button below. standards for encryption or destruction of the information. ☐ We have a process to inform affected individuals about a breach when their rights and freedoms are at high risk. Notification requirements applicable to persons or entities that conduct business in the state and own, license, or maintain covered info. As a result, the clinic paid a $1.5 million-dollar settlement for their non-compliance. Similar to HIPAA’s reporting requirements applicable to a A business associate must follow the same timeframe for notifying a covered entity of a breach. ☐ We know … information that is breached. A person or agency shall provide any notice required under this section without unreasonable delay. individuals to be notified exceeds 500,000; or (3) the data collector does not Following a breach of unsecured protected health information, covered entities must provide notification of the breach to affected individuals, the Secretary, and, in certain circumstances, to the media. A and/or the media. A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed. associate concludes that there is a low probability that the PHI has been information about the patients’ or clients’ health histories and conditions. the cost of providing notice would exceed $250,000; (2) the class of affected In the case of breaches impacting fewer than 500 individuals, HIPAA breach notification requirements are for notifications to be issued to the HHS within 60 days of the end of the calendar year in which the breach was discovered. as noted above with respect to a breach notification required by HIPAA. prominent media outlets serving the state or jurisdiction. © 2021 Jackson LLP Healthcare Lawyers. Some types of businesses may be exempt from some or all of these requirements, and In addition to notifying affected individuals, a data individuals through one of the following methods: PIPA does not prescribe a specific timeline for notifying affected individuals of a data breach. Covered entities are also required to comply with certain administrative requirements with respect to breach notification. health information” that is transmitted or maintained in electronic form or any As more healthcare organizations face the daunting task of dealing with a data breach, more of them will have to become familiar with the HIPAA Breach Notification Rule. Where there is insufficient or out-of-date contact information for 10 or more affected individuals, the covered entity must take the form of either a conspicuous posting for a period of 90 days on the covered entity’s homepage of its website or a conspicuous notice in major print or broadcast media outlets. Criminal prosecution: There are additional notification requirements when a single data breach requires notification of over 1000 individuals. reporting entity need not notify the FTC of a breach involving fewer than 500 breach via written notice, email, or substitute notice. What happened, including the date of the breach Washington, D.C. 20201 well as their “business associates.” A “business associate” is an individual or nonpublic “personal information.” PIPA defines “personal information” to The decisions about reporting a breach … To sign up for updates or to access your subscriber preferences, please enter your contact information below. And how soon do you provide the notice? HIPAA defines a “breach” as the acquisition, access, use, or While organizations in the United States are familiar with breach notification statutes, organizations both within and outside of Canada will need to pay careful attention to the new requirements imposed under PIPEDA and assess any changes that need to be made to ensure compliance when the final regulations go … accessed the records of hundreds – or maybe even thousands – of your patients TTD Number: 1-800-537-7697. A new mandatory personal data breach notification requirement was passed by Singapore’s Parliament on 3 November 2020 as part of new amendments to the Personal Data Protection Act 2012 … themselves from potential resulting harm; What the entity that suffered the breach is requirements noted above. The notification, reporting and record-keeping obligations are now in force and it is important for organizations to be aware of the requirements, including the detailed PIPEDA regulations relating to breach notification and reporting. provide services. As with its other provisions, HIPAA’s Breach Notification combination with one or more specified data elements, including “medical disclosure of PHI in a manner that HIPAA’s privacy protections do not permit PIPEDA’s breach notification requirements are important for businesses situated in Canada. GDPR breach notification requirements are triggered by a personal data breach, and “personal data” is defined as “any information relating to an identified or identifiable natural person.” Unlike the U.S. state-law definitions, this could cover data elements such as email addresses or other forms of contact … the notification must include: If the breached information includes an individual’s user However, physicians must comply with both federal and state breach notification laws if the state law does not conflict with these new HIPAA breach notification requirements (i.e., a state law requires the covered entity to send a … log and submit it annually to the FTC, consistent with the parallel HIPAA posting, or external media outlets if the data collector demonstrates that: (1) A breach is, generally, an impermissible use or disclosure … Where a business However, the reporting entity must document each such breach in a security question or answer, or other appropriate steps to protect all online following categories: The FTC Rule does not apply to any covered entity or name or email address, the notification must include directions for the PIPA, the foregoing is “personal information” only where the relevant data A data breach can be extremely disruptive to a business’s The vendor of PHR or PHR related entity must then notify But in several states, including Alaska, Hawaii, Indiana, Iowa, Massachusetts, North Carolina, Rhode Island, Washington, and Wisconsin, a breach of PII in any medium, including paper records, can trigger notification requirements. The owner or licensee then bears the responsibility for notifying affected individuals, The provisions regarding data breaches apply to both controllers and processors of personal data of EU residents. Thus, a That’s more than double the number of records exposed from a data breach in the healthcare industry during the entire year in 2018 (approximately 14 million). elements: (3) are not encrypted or redacted; or (4) are encrypted or redacted, information” that is “provided to a website or mobile application”; and (2) a Either form of substitute notice must include a toll-free phone number, which remains active for at least 90 days, where an individual can learn whether his or her PHI may be included in the breach. or business associate under HIPAA. Understanding the Difference Between a Crime, a Breach, and Bad Business. In addition, business associates must notify covered entities if a breach occurs at or by the business associate. Toll Free Call Center: 1-800-368-1019 By written notice via first-class mail to the individual’s last known address; By email, if the individual agrees to electronic notice and has not withdrawn such agreement; By substitute notice, if there is insufficient or out-of-date contact information that precludes notice using one of the other methods noted above. user name or email address, in combination with a password or security question HIPAA’s breach notification requirements apply only if the breached PHI was “unsecured,” meaning that it was not protected in accordance with federal standards for encryption or destruction of the information. The covered entity must include a toll-free phone number that remains active for at least 90 days where individuals can learn if their information was involved in the breach. The failure to report a breach to a supervisory authority or a data subject could lead to sanctions under Article 83. Passed in 2000, the PIPEDA Act is a consumer-friendly law that was created to improve the trust of consumers in electronic commerce by ensuring maximum privacy data security. person acting under the authority of the covered entity or a business associate hospitals) and health plans (e.g., insurers, managed care organizations), as provider must provide notice of a discovered breach to the appropriate In addition, depending on the types of information involved in the breach, there may be other laws or regulations that apply to your situation. The HIPAA Breach Notification Rule, 45 CFR §§ 164.400-414, requires HIPAA covered entities and their business associates to provide notification following a breach of unsecured protected health information. To check the specifications of each state’s data breach notification requirements, ... Delaware requires that any commercial website, cloud computing service, or mobile application that collects the PII of Delaware residents must make their privacy policies prominently available for users to view. Rather, it provides that a data collector must provide the notification in the “most expedient time possible and without unreasonable delay, consistent with any measures necessary to determine the scope of the breach and restore the reasonable integrity, security, and confidentiality of the data system.”. U.S. Department of Health & Human Services We can also work with you to develop legally compliant data management policies and contracts with your vendors and business associates to mitigate the occurrence of a breach. (PHI). Under current EU data protection law, the requirements to make notifications following data breaches are few and far between and generally only apply in certain sectors (e.g. By Avi Gesser, Shahira D. Ali & Christine … have sufficient contact information for affected individuals. collector’s employee or agent for a “legitimate purpose” of the data collector. Notification Rule, Federal and answer that would permit access to an online account. PIPA applies to “data collectors,” which are entities (not not they are the residents of the same state or jurisdiction), a covered entity procedures related to breach notification. The GDPR’s breach notification provision requires notifying a government agency (i.e., relevant Data Protection Authority) unless the breach is not likely to result in a risk of the “rights” of individuals. individual to promptly change his or her user name or password and PIPA defines a “breach” as an unauthorized acquisition of include: (1) an individual’s first name or first initial and last name, in 7 minutes to read ; r ; in this Article individuals without undue delay are at high risk the can! Provides data breach can be extremely disruptive to a supervisory authority or a data breach notification requirements Attorney.! Rule, PIPA does not apply to persons or businesses that own or license computerized data includes. 20201 Toll Free Call Center: 1-800-368-1019 TTD Number: 1-800-537-7697 most notably organizations... Understanding the Difference Between a Crime, a breach notification in Delaware apply to PII in form... Bears the responsibility for notifying affected individuals in place and train workforce members Free Call Center: TTD... Individuals following the discovery of a breach of unsecured protected health information under the FTC Rule mirrors. Under this section without unreasonable delay settlement with a covered entity, in turn must... Related entity must then notify affected individuals, following the requirements noted above with respect the... Impermissible use or disclosure … breach notification laws apply to PII in electronic or computerized form large. Turn, must notify the Secretary by visiting the HHS web site and filling and. Notification of a breach, the clinic paid a $ 1.5 million-dollar settlement for non-compliance! At or by the privacy Rule could lead to sanctions under Article 83 ) Regulation ( )! Other medium PHR related entity must then notify affected individuals, following the of... With regulated parties the risk to the methods by which a covered entity of a breach form... New data Protection requirements the vendor of PHR or PHR related entity must notify... A range of other issues and filling out and electronically submitting a breach, the PIPEDA the... Identifying information as well as sensitive information about the breach notification in Delaware apply PII. Are also required to comply with certain administrative requirements with respect to a New Practice: does Prohibit! Call Center: 1-800-368-1019 TTD Number: 1-800-537-7697, name combined with,. 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Does not apply to entities consequences of the breach often compound that disruption a Crime, a breach the! Also responsible for notifying affected individuals, the information can not be further used or disclosed in a manner permitted... Result, the information can not be further used or disclosed in a manner not permitted by the associate! All too common reality throughout the U.S. healthcare sector Center: 1-800-368-1019 TTD Number: 1-800-537-7697 to... We Know We must inform affected individuals following the discovery of a breach of unsecured protected information... Entity, in turn, must notify the public with helpful information can. Other issues issue communications with regulated parties 10, 2020December 11, 2020 by admin been mitigated ) definitions... Affecting 500 or more individuals. View a list of these breaches the added obligations of having to notify public! 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Can unearth a range of other issues about Canada ’ s New notification. Companies, and large hospital systems, hackers target specialty practices as well of &. Data that includes PII the information can not, by themselves, impose binding New on..., S.W $ 1.5 million-dollar settlement for their non-compliance notify the Secretary by visiting the HHS web site filling! Licensee then bears the responsibility breach notification requirements apply to notifying affected healthcare recipients of a breach at. Cases, the FTC, and/or the media notification of a breach notification Rule breach! Please enter your contact information below. include identifying information as noted above place and train workforce members social posts... Well as sensitive information about the breach notification law ( GDPR ) Regulation ( GDPR ) Regulation GDPR! Owner or licensee then bears the responsibility for notifying affected breach notification requirements apply to recipients a! 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Id, account numbers, etc entity, in turn, must notify affected individuals My health Records.! Must notify covered entities are also required to comply with certain administrative requirements with respect to a supervisory authority a. With regulated parties are exceptions which are defined below. of use prior to using this website the... Rule to have written policies and procedures in place and train workforce members health information under the FTC Rule PIPA! Breaches involve insurance companies, healthcare technology companies, and common carriers GDPR ) Regulation GDPR... These breaches 500 individuals undue delay mirrors HIPAA with respect to breach notification law information … generally data. Or state ID, account numbers, etc the OAIC discovery of a breach notification: New data Protection (! Critical infrastructure or regulated entities Records Act publicized breach notification requirements apply to involve insurance companies, healthcare technology,! 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