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OCR Urges Covered Entities and Business Associates to Use HTTPS

By Linn Foster Freedman on May 1, 2017
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New guidance from the Office for Civil Rights (OCR) urges covered entities and business associates to use Secure Hypertext Transport Protocol (HTTPS) to protect communications from vulnerabilities. According to OCR, the vulnerability can be introduced by the use of products that inspect HTTPS traffic. These products are used to detect malware or unsafe connections, which could allow an interception of the communication. These are called man-in-the-middle attacks.

The OCR advises that covered entities and business associates follow US-CERT guidelines and verify that their HTTPS inspection product validates certificate chains and passes warnings to the entity, and is properly installed. According to the OCR, evaluation of an entity’s HTTPS inspection tool should be included in the entity’s risk assessment and analysis to determine whether the products should be used.

OCR further refers covered entities to refer to NIST publications on end-to-end communications and encryption processes to use when transmitting ePHI.

This post is also being shared on our Data Privacy +Security Insider blog. If you’re interested in getting updates on developments affecting data privacy and security, we invite you to subscribe to the blog.

Photo of Linn Foster Freedman Linn Foster Freedman

Linn Freedman is chair of the firm’s Data Privacy + Security Team. She is also an active member of firm’s Health Law Group, education practice, Environmental + Utilities Group, Insurance + Reinsurance Group, and Business Litigation Group. Her practice focuses on data privacy…

Linn Freedman is chair of the firm’s Data Privacy + Security Team. She is also an active member of firm’s Health Law Group, education practice, Environmental + Utilities Group, Insurance + Reinsurance Group, and Business Litigation Group. Her practice focuses on data privacy and security law, responses to data breaches, compliance with federal and state privacy and security laws, breach notification laws, and assisting clients with regulatory investigations.

Ms. Freedman is experienced in providing counsel to health care organizations, Regional Health Information Organizations, and privacy and security issues related to interoperability of electronic health records. She has litigated complex cases, including privacy cases, and class action data breach litigation in state, federal, and appellate courts, government investigations, and serves as general counsel of the Rhode Island Quality Institute. Read her full rc.com bio here.

Read more about Linn Foster FreedmanEmail
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  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    Health Law Diagnosis
  • Organization:
    Robinson & Cole LLP
  • Article: View Original Source

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