A breach of data is a serious event that can have lasting consequences for individuals and organizations. To help protect individuals and organizations, the United States Department of Defense (DOD) and the Department of Health and Human Services (HHS) have defined what constitutes a breach of information. It is important to understand the differences between the two definitions, as the DOD definition of a breach is broader than the one defined by HHS.
Definition of Breach by DOD
The DOD defines a breach as any “unauthorized acquisition, access, use, disclosure, or loss of sensitive information that could result in substantial harm, economic loss, or damage to an organization or individual”. This definition is more expansive than the one used by HHS, as it includes any unauthorized access of sensitive data, regardless of whether the data was actually used or not. The DOD’s definition also includes any potential harm or damage that could result from the breach, which is not included in the HHS definition.
Breach Defined by HHS vs DOD
The HHS definition of a breach is narrower than the DOD’s definition. The HHS defines a breach as “the unauthorized acquisition, access, use, or disclosure of protected health information that compromises the security or privacy of such information”. This definition focuses solely on the unauthorized use of protected health information, and does not include any potential harm or damage that could result from the breach.
The difference between the two definitions is important to understand, as the DOD’s definition is broader and more encompassing than the HHS definition. Organizations should be aware of the difference between these two definitions, and how they may affect their data security and privacy policies.
It is important for organizations to understand the differences between the definitions of a breach by the DOD and HHS. The DOD’s definition is broader, and includes potential harm or damage that could result from the breach. Organizations should be aware of the differences between the two definitions, and ensure that their data security and privacy policies are in line with both definitions.
A breach as defined by the Department of Defense (DOD) is often broader in scope than a breach defined by HHS and the HIPAA (Health Insurance Portability and Accountability Act). HHS defines a breach as any unauthorized acquisition, access, use or disclosure of protected health information (PHI). A breach is considered to be of a greater magnitude if it poses a significant risk of financial, reputational, or other harm to the individual. The HIPAA breach notification provisions require healthcare organizations to provide individuals affected by a breach with written notification of the incident.
In contrast, the DOD defines a breach of information as “any unauthorized release, access, collection, use, modification, manipulation, or disclosure of any protected data – regardless of the risk of harm or loss”. This definition encompasses not only unauthorized access to PHI, but also any potential unauthorized use of personal or sensitive information. The DOD breach notification provisions require government agencies and contractors to notify the DOD of any suspected or actual breach of data. The notification must occur within 72 hours and provide details of the breach including the classification level, affected individuals, and remedial actions taken.
The distinction between the two definitions is important as it highlights the different standards that apply when dealing with breaches of sensitive information. The DOD’s definition emphasizes proactive disclosure and, as such, provides a greater level of protection for individuals whose data may have been compromised. It also encourages organizations to establish strict breach prevention measures in order to reduce the likelihood of having to undertake the notification process. The HHS definition is focused on minimizing the risk of harm to individuals and, as such, outlines the steps that must be taken to provide notification to those affected by a breach.
Both the DOD and HHS definitions are significant when a breach is suspected or uncovered. Organizations must be prepared to respond to a breach according to the relevant laws and regulations, or face potential consequences for non-compliance. Understanding the differences between the DOD and HHS breach notification requirements is key to safeguarding sensitive information and complying with applicable laws and regulations.
