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C. J. Kelly's picture
C. J. Kelly

A Day in the Life of an Information Security Officer

Compliance legislation: lack of enforcement or lack of solutions?

I'd like to reference Eric Ogren's blog on the topic "Are all these compliance regulations productive?"  I quote, "Even though these regulations are reasonably precise about security requirements, the lack of enforcement has led to the lack of investment."

I don't think that's why there's a lack of investment.  It's not the lack of enforcement.  It's the lack in vendor solutions that fully understands the business needs.

For instance, take HIPAA data. When I think about data management, I think about data in transit and data at rest, and whether or not to encrypt it; the sensitivity of that data and what type of access controls to apply.  I think about network security and what network security zone sensitive data should reside within.  I think about security issues through all the layers of the OSI model. 

When a vendor comes to me and tells me that their,document management system, for instance, is HIPAA compliant, I ignore the claim.  There is no one solution or technology that enables an organization to become compliant.  I consider their boast to be false and I don't even bother to have a discussion about it. 

When I evaluate a "solution", I am thinking circles around the vendor because information security is a complicated, multi-layered beast.  If a vendor came in, who was very well versed in the legislation, and in the security arena, and understood what their solution actually did as a part of the total solution,  I would listen.  So far, I've just not been that impressed and maybe that is why compliance vendors are wondering "how little market demand there is for HIPAA and PCI compliance solutions".

I suggest they rethink their marketing strategy.

What People Are Saying

Enforcement of compliance

Enforcement of compliance regulation is must for many organizations but implementing, establishing and maintaining of same is a tough task due to complexity and cost. Training HIPAA website provides a wonderful and valuable template suite which any organization, small or big, can use to meet their compliance requirements for HIPAA, Sarbanes Oxley (SOX), FISMA, ISO 17799 or any other regulation/standards requiring business impact analysis, risk assessment, disaster recovery planning (DRP), business continuity plan (BCP) and Testing & Revision of Plan.

Templates

I think enforcement is a

I think enforcement is a must for all healthcare related organizations to be HIPAA compliance and needs to take it seriously. I recently came across a regulations poster from Symantec, a very useful tool which I found over here Symantec . This poster is crosswalk between: HIPAA, ISO 17799, COBIT 4.0, Sarbanes Oxley, Payment Card Industry (PCI), GLBA, NERC standards CIP and PIPEDA (Canada). With the help of this tool organization can comply not only with HIPAA but many other different regulatory authorities listed above.

the amount of ginorance here

the amount of ginorance here is astounding and extremely sad.

HIPAA has no teeth??? Why don't you ask the two guys in federal rpison that each got 10 years...lmao

look all of you poster don't know a bloody thing about hipaa. so do the rest of us a favor and stop talking about it.

hipaa involves alot more than protecting PHI, it involes ID theft and fraud. FYI...it was written by law enforcement for that reason

also, for your information, piedmont hospital is getting audited and so will others. the fine structure can be steep, 100 dollars for a single violation for that same violation you can go up to 25K in one year. so if you have 100 violations times 25K what's the number???

hipaa is not about solely regualting PHI, it is being used to combat ID theft and is related to national secuirty.

please read on this before posting your opinions.

finally the writer that does not bother to talk to folks about hipaa compliant solutions is a tech. plain and simple with little imagination.

stay in your tech. world and believe you are a practicing lawyer.

sad...

Enforcement is still a huge

Enforcement is still a huge barrier to compliance. If I'm a CEO, it doesn't take long to figure out that even $500,000 in fines will be much less costly than a $1,000,000 solution or the added costs and disruption in business for devoting resources to ACTUALLY solving the "how to really be compliant" problem.

Anecdotally, I heard of many many health care entities budgeting for fines because it was much easier and cheaper than budgeting for compliance.

Hey CJ, What is the max fine

Hey CJ,

What is the max fine for being non-compliant with HIPAA? $25,000? I'm willing to bet that the total cost of deploying HIPAA-required security capabilities for a hospital exceeds that amount. Would you rather see your hospital spend money on health care or on intrusion detection systems?

That's why I believe executive and market accountability is more effective - the costs to the company or the career provide incentive to implement more robust compliance controls.

Everyday I hear vendors say "You must buy my product to be compliant with XYZ regulation", and everyday I hear an enterprise exec, like yourself, say "no I don't". The vendors know what part of the regulations their product applies to, what they don't know is how important it is to the customer's security plan.

One problem with a "must have" marketing approach is that the vendor may not be as good about qualifying accounts or listening to the prospect's real problems. I actually like companies to solve important security problems first, one of which just happens to be a compliance provision.

Compliance is a big expense partly because there is no one product or vendor that can do the job - it takes many. Expecting one product to satisfy all of the HIPAA requirements is an unreasonable expectation.

Eric

This is the correct approach

This is the correct approach - run, don't walk away from any vendor who purports to offer a "HIPAA compliant" solution. It doesn't exist.

I also read Eric's blog entry from yesterday, and the thing people need to keep in mind when working with a regulation like HIPAA is the term "reasonable and appropriate". That's what HIPAA requires, that you evaluate your business and then implement privacy and security safeguards that are reasonable and appropriate for your operations. As much as everybody would love to have definitive standards spelled out, the rule has to be that ambiguous in order to apply to everybody in the business from the multi-national insurance companies down to the one-man dentist operating in a rural area of Iowa.

Being compliant with HIPAA is based on risk assessment, and documenting whatever you do or don't do to protect the data. I don't see how an outside vendor can come and offer you an off-the-shelf product that will do that.