is the resident's first name and last name or first initial and last name in combination with any one or more of the following data elements that relate to such resident:
financial account number, or credit or debit card number, with or without any required
security code, access code, personal identification number or password, that would permit access to a resident's financial account; provided, however, that "Personal information" shall not include information that is lawfully obtained from publicly available information, or from federal, state or local government records lawfully made available to the general public.
Patient’s Private Information (PI), Protected Health Information (PHI), Payment Card Data (PCI) should never be copied or downloaded to your personal computer or personal G-drive. See below for definition of PHI/PII/PCI:
as defined by HIPAA and that is created, stored, transmitted, or received in any electronic format or media. Individually identifiable health information, including demographic data, that relates to:
and that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual. Individually identifiable health information includes many common identifiers (e.g., name, address (including subdivisions smaller than state such as a street address, city, county, or zip code), birth date, Social Security Number, Telephone number, Email address).
for the context of this discussion is another set of data we deal with at CHA.
Cardholder data (CD) is any personally identifiable information (PII) associated with a person who has a credit or debit card.
Cardholder data includes the primary account number (PAN) along with any of the following data types: cardholder name, expiration date or service code. Service code is a three- or four-digit number on cards that use a magnetic stripe. The service code specifies acceptance requirements and limitations for a magnetic-stripe-read transaction.
If the cardholder name, expiration date and/or service code are stored, processed or transmitted with the PAN, they must be protected in accordance with Payment Card Industry Data Security Standards (PCI DSS) requirements.
The General Data Protection Regulation (GDPR) is a European law that established protections for privacy and security of personal data about individuals in European Economic Area (“EEA”)-based operations and certain non-EEA organizations that process personal data of individuals in the EEA. It applies to the collection and use of personal information:
The EU Charter of Fundamental Rights stipulates that EU citizens have the right to protection of their personal data.
The data protection package adopted in May 2016 aims at making Europe fit for the digital age. More than 90% of Europeans say they want the same data protection rights across the EU and regardless of where their data is processed.
Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. This text includes the corrigendum published in the OJEU of 23 May 2018.
The regulation is an essential step to strengthen individuals' fundamental rights in the digital age and facilitate business by clarifying rules for companies and public bodies in the digital single market. A single law will also do away with the current fragmentation in different national systems and unnecessary administrative burdens.
The regulation entered into force on 24 May 2016 and applies since 25 May 2018. More information for companies and individuals.
Information about the incorporation of the General Data Protection Regulation (GDPR) into the EEA Agreement.
EU Member States notifications to the European Commission under the GDPR
Study on Data Protection Certification Mechanisms
Directive (EU) 2016/680 on the protection of natural persons regarding processing of personal data connected with criminal offences or the execution of criminal penalties, and on the free movement of such data.
The directive protects citizens' fundamental right to data protection whenever personal data is used by criminal law enforcement authorities for law enforcement purposes. It will in particular ensure that the personal data of victims, witnesses, and suspects of crime are duly protected and will facilitate cross-border cooperation in the fight against crime and terrorism.
The directive entered into force on 5 May 2016 and EU countries had to transpose it into their national law by 6 May 2018.
The Federal Information Security Management Act (FISMA) is a United States federal law passed in 2002 that made it a requirement for federal agencies to develop, document, and implement an information security and protection program. FISMA is part of the larger E-Government Act of 2002 introduced to improve the management of electronic government services and processes.
FISMA is one of the most important regulations for federal data security standards and guidelines. It was introduced to reduce the security risk to federal information and data while managing federal spending on information security. To achieve these aims, FISMA established a set of guidelines and security standards that federal agencies have to meet. The scope of FISMA has since increased to include state agencies administering federal programs like Medicare, VA administration data for healthcare. FISMA requirements also apply to any private businesses that are involved in a contractual relationship with the government.
In April 2010 the Office of Management and Budget (OMB) released guidelines which require agencies to provide real time system information to FISMA auditors, enabling continuous monitoring of FISMA-regulated information systems.
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."
Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.
For additional information, you may call 1-800-USA-LEARN (1-800-872-5327) (voice). Individuals who use TDD may use the Federal Relay Service.
The Federal Trade Commission enacted COPPA in 2000 (revised in January 2013), which applies to the online collection of personal information from children under the age of 13. This Act requires websites to display a privacy policy, obtain verifiable parental consent, and disclose how the information will be used. It is important that researchers who plan to collect data from children online carefully review the provisions of the Act and contact CHAs Office of General Counsel with any questions. It is the responsibility of the researcher to ensure they are fully compliant with the COPPA regulation.