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Subject: RAINdrip: VA Secretary Wants Penalties for Mishandling Personal Data
From: Larry Medina <[log in to unmask]>
Reply-To:Records Management Program <[log in to unmask]>
Date:Fri, 9 Jun 2006 08:40:45 -0700
Content-Type:text/plain
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Now, HERE'S A LAW I'd like to see enacted... the heck with this push for
encryption as the panacea for mishanding of infomation.


http://www.washingtonpost.com/wp-dyn/content/article/2006/06/08/AR2006060801806.html?referrer=email

http://snipurl.com/rkfv

Snipped from the article:

...recommended that the committee look at the 1996 Health Insurance
Portability and Accountability Act, or HIPAA, as a model. The law allows the
government to levy fines against individuals, doctors and hospitals that
violate patient privacy rules and, in cases of intentional violations,
permits the Justice Department to pursue criminal penalties.
"I think we should consider putting the same kind of teeth into an
enforcement mechanism for the compromising and the careless and negligent
handling of personal information," Nicholson said.
*****************************************************************

So, if under this law, "individuals" would extend to covering entities known
as "Business Associates" who act as third parties responsible for the
handling of information entrusted into their care by a Business Associates
Agreement, when tapes get lost (Time Warner? Long Island RR? Bank of
America? Shall I continue?) the entities responsible for the loss would feel
"...the same kind of teeth..." the organizations who contracted with them
are feeling NOW.

Larry


-- 
Larry Medina
Danville, CA
RIM Professional since 1972

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