The Health Insurance Portability and Accountability Act (HIPAA) and the General Data Protection Regulation (GDPR) are two of the most critical pieces of legislation in cyber security. They are designed to protect the privacy of patients and customers, respectively. HIPAA was introduced in 1996 and applied to all businesses that deal with protected health information. GDPR was introduced in 2018 and applied to all companies that process the personal data of individuals in the European Union.
HIPAA and GDPR are essential for businesses to comply with, but they can be confusing and difficult to understand. In this article, we will explain what they are and how they differ.
The importance of compliance regulations in cybersecurity
Cybersecurity has become a top priority for businesses and organizations of all sizes as the world becomes increasingly digitized. A data breach can have serious consequences, including financial loss, damage to reputation, and legal liabilities. That’s why it’s so important for businesses to have strong cybersecurity protocols in place.
But compliance regulations go beyond just cybersecurity. They also cover data privacy, storage, and destruction. Businesses can protect themselves from potential risks by understanding and complying with these regulations.
So compliance regulations are important but can also be complex and time-consuming. That’s why working with a compliance partner can be a smart choice for businesses. A compliance partner can help you navigate the regulations and ensure that you take the necessary steps to protect your business.
What is HIPAA?
The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that was enacted in 1996. HIPAA is designed to protect the privacy of patient health information and to ensure the security of this information. HIPAA applies to all healthcare providers, including hospitals, clinics, physicians, and other healthcare providers.
HIPAA has several different requirements, but some of the most important ones are listed below:
- Healthcare providers must maintain the confidentiality of patient health information.
- Healthcare providers must ensure the security of patient health information.
- Patients have the right to access their health information.
- Patients have the right to request changes to their health information.
If you are a healthcare provider, you must comply with HIPAA. Failure to do so can result in substantial fines.
HIPAA’s security rule
The U.S. Department of Health and Human Services (HHS) created the HIPAA security rule as part of the HIPAA law. The security rule sets national standards for the security of electronic health information.
The HIPAA security rule requires covered entities (CEs) to implement security measures to protect electronic health information’s confidentiality, integrity, and availability. CEs must also ensure that their business associates (BAs) comply with the security rule.
The HIPAA security rule is enforced by the HHS Office for Civil Rights (OCR). OCR can impose civil monetary penalties (CMPs) on CEs and BAs that violate the HIPAA security rule.
Covered entities must ensure that their security programs include the following:
- Physical safeguards to protect electronic information systems and devices
- Technical safeguards to control access to electronically protected health information
- Administrative safeguards to ensure the security of electronically protected health
Related blog: What type of penetration testing does HIPAA require?
What is GDPR
The regulation came into effect on May 25, 2018, and requires businesses to protect the personal data of EU citizens. This includes ensuring that data is collected lawfully, that it is used for the purpose for which it was collected, and that it is destroyed when no longer needed.
The regulation applies to any business that processes or intends to process the data of EU citizens, regardless of whether the business is based inside or outside the EU. This includes businesses that collect data through websites, apps, or other means.
How can organizations comply with HIPAA and GDPR?
There are two primary ways in which organizations can ensure compliance with both HIPAA and GDPR. The first is to have separate policies and procedures for each regulation. This means there would be two sets of rules to follow, which can be challenging to manage. The second way to ensure compliance is by integrating the two regulations into one set of policies and procedures. This can make compliance much easier to manage, but it is important to ensure that both regulations’ requirements are met.
No matter which approach you take, it is important to ensure that you have a clear and concise process for compliance with HIPAA and GDPR.
Related blog: Things to test for HIPAA Compliance
Conclusion
In conclusion, HIPAA and GDPR are two important pieces of legislation in cyber security. They both aim to protect the privacy of individuals and ensure that data is handled securely. To learn more about how to protect your data, subscribe to our newsletter.
