Describe how the Health Insurance Portability and Accountability Act (HIPAA) rules and the General Data Protection Regulation (GDPR) can both be relevant to a health-care organization handling personal health data.
Answer
The Health Insurance Portability and Accountability Act (HIPAA) includes privacy rules for the use and disclosure of Protected Health Information, security safeguards for electronic Protected Health Information, and breach notification requirements. The General Data Protection Regulation (GDPR) may apply to personal data of European Union citizens and requires principles such as lawful processing, data minimization, and breach notification. The organization should determine which requirements apply and implement safeguards such as encryption and access controls.
Explanation
### What a good answer covers
- The Health Insurance Portability and Accountability Act (HIPAA) includes privacy, security, and breach notification requirements for covered health information.
- The General Data Protection Regulation (GDPR) may apply to personal data of people in the European Union.
- The requirements address different legal scopes and should not be assumed to replace one another.
- Shared practices may include encryption, access controls, staff training, and breach procedures.
- The organization should determine applicability and assess its controls against each relevant obligation.
### Terms
- **Health Insurance Portability and Accountability Act (HIPAA)**: United States legislation containing health-information privacy and security requirements.
- **General Data Protection Regulation (GDPR)**: A regulation governing personal-data processing within its scope.
- **Protected Health Information**: Individually identifiable health information protected under applicable requirements.
- **Encryption**: Transforming data so it cannot readily be read without an appropriate key.
### Remember
One health-data operation can fall under more than one requirement, so assess each obligation separately.
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