Re:Facebook says new bug allowed apps access to private phot...
by Spooky23 on Friday December 14, 2018 @11:37PM
(#18687059)
They are wrong generally speaking. Willful conduct is the standard for criminal liability. A developer in good faith introducing a bug or inheriting one from a third party is not in that situations
My guess as to why the draconian position is more about the internal process. You have to identify and disclose breaches in a timely way; if you don’t the company is at risk.
“Criminal Penalties. A person who knowingly obtains or discloses individually identifiable health information in violation of the Privacy Rule may face a criminal penalty of up to $50,000 and up to one-year imprisonment. The criminal penalties increase to $100,000 and up to five years imprisonment if the wrongful conduct involves false pretenses, and to $250,000 and up to 10 years imprisonment if the wrongful conduct involves the intent to sell, transfer, or use identifiable health information for commercial advantage, personal gain or malicious harm.”
My guess as to why the draconian position is more about the internal process. You have to identify and disclose breaches in a timely way; if you don’t the company is at risk.
From HHS summary of the rules:
(See: https://www.hhs.gov/hipaa/for-professionals/privacy/laws-reg... ) (it’s also laid out in the regulation which I don’t have time to find.)
“Criminal Penalties. A person who knowingly obtains or discloses individually identifiable health information in violation of the Privacy Rule may face a criminal penalty of up to $50,000 and up to one-year imprisonment. The criminal penalties increase to $100,000 and up to five years imprisonment if the wrongful conduct involves false pretenses, and to $250,000 and up to 10 years imprisonment if the wrongful conduct involves the intent to sell, transfer, or use identifiable health information for commercial advantage, personal gain or malicious harm.”