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DATA PROTECTION IN THE AGO

DATA PROTECTION IN THE AGO. Christina Beusch Deputy Attorney General WA State Attorney General’s Office. It’s Not Just Our Clients’ Problem!. P aralegal: Where is that disk? Legal Assistant: Oops – Wrong email address!

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DATA PROTECTION IN THE AGO

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  1. DATA PROTECTION IN THE AGO Christina Beusch Deputy Attorney General WA State Attorney General’s Office

  2. It’s Not Just Our Clients’ Problem! • Paralegal: Where is that disk? • Legal Assistant: Oops – Wrong email address! • AAG: I need a USB flash drive to download documents to take to court. • Investigator: My car was parked right in front of my house and the file was on the backseat. • Manager: It’s just easier if I travel with these reports on my Kindle Reader.

  3. Source of Privacy Obligations • HIPAA/HITECH – AGO is a “business associate” • State health information privacy laws, e.g. ch. 70.02 RCW • State and federal personal information privacy laws e.g. RCW 42.56.590, Gramm-Leach-Bliley Act • Attorney-Client and Work Product Privileges

  4. Know Your Data • Category 1 – Public Information • Category 2 – Sensitive Information – not specifically protected but for official use only • Category 3 – Confidential Information – privileged, personal/personnel, security • Category 4 – Confidential Information Requiring Special Handling – strict legal requirements and sanctions apply, e.g. health information, SSNs, personal financial info

  5. Create a Data Protection Program • Assemble office experts to advise management and empower them to do the job • Have strong senior executive support • Adopt specific and legally compliant policies, procedures, and business rules to govern how staff are required to protect data and address breaches • Document data protection obligations in client MOUs and vendor contracts

  6. Implement a Data Protection Program • Can’t have protection without education • Train new employees and existing employees at regular intervals and document training • Create a culture of compliance, e.g. use strategic plans, staff meetings, CLEs, signage • Keep up with technology – identify new ways data can be compromised and find new tools to safeguard data so staff can do business

  7. A “Toolkit” • IT Security Policy • Mobile Device Policy • HIPAA/HITECH Policy • Breach Notification Protocol • Division/Unit Business Rules • Client MOU for HIPAA /HITECH Compliance • Contract language for HIPAA /HITECH Compliance

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