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« Privacy Enhancing Technologies (PETs) & Privacy Threatening Technologies | Main | FTC's New Red Flags Rules FAQ »

Healthcare Worker Gets 1 Year In Prison For Posting HIV Victim's Medical Records On Internet

Today a report discussed how a healthcare worker obtained medical information about a patient with HIV that was then posted on the Internet...

"Medical privacy violator gets 1 year"


"Attorney Michael Green represents the estate of the victim and said the Internet postings, on a MySpace page, were "vile, hurtful and disgusting." He said he intends to file a civil suit against Wong-Fernandez, Straub and other defendants. The information about his client's HIV-positive status was posted several times in late 2007 and early 2008, he said.""

The worker, Wong-Fernandez, was fired as soon as the hospital, Straub, discovered what she had done. But where were the controls to prevent something like this from happening in the first place?

The insider threat is very hard to defend against, which makes regular training and ongoing awareness, along with implementing sound safeguards, so important.

It seems like this would certainly be a HIPAA violation, and that the worker would be subject for the criminal penalties under HIPAA, but the news report didn't even mention anything about HIPAA.

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Rebecca Herold's Bio:

Rebecca Herold, CISSP, CIPP, CISM, CISA, FLMI, has been providing information security, privacy and regulatory assistance and services to organizations from a wide range of industries for the past two decades. Rebecca was instrumental in building the information security and privacy program while at Principal Financial Group, which was awarded the CSI Information Security Program of the Year Award in 1998. IT Security ranked Rebecca as one of the top 59 IT security influencers, and Computerworld put Rebecca their list of the world's best privacy experts and on their list of the best privacy consulting firms in both 2007 and 2008. Rebecca has been CPO for two consulting organizations, and has had her own information privacy, security and compliance business since 2004. Rebecca has written chapters for several books, dozens of articles, and has been writing a monthly privacy column for the CSI Alert newsletter since the beginning of 2001, and is working on her 13th book. Some of her other books include The Privacy Papers, Managing an Information Security and Privacy Awareness and Training Program, The Definitive Guide to Security Inside the Perimeter (Realtime Publishers), The Shortcut Guide to Improving IT Service Support through ITIL (Realtime Publishers), and The Practical Guide to HIPAA Privacy and Security Compliance. In addition, Rebecca is the leader of The Realtime IT Compliance Community where she posts to her IT Compliance weblog. You can contact Rebecca at: rebecca_herold@realtimepublishers.net.