Hi Nathan,

The real estate codes in most jurisdictions require landowners to post 
notices
warning of everything from dangerous conditions to prohibitions. 
Interpretations
extend well beyond this to impose duties upon the landowners to take active
measures to persons that may be classified as trespassers to protect them
against dangers.

In short, nailing-up a sign on a tree or a fence is just step #1 and it 
doesn't stop
there.

Another analogy is a financial services firm that takes your 
certificates and holds
them for safe keeping. They may post a sign but they had better do a 
whole lot
more than that.

The topic of Patient record security is a tough one. Some jurisdictions 
have already
established code. The real question is does the security in whole comply 
with the
code and available case law. If so, will it next month?

Security is an ongoing requirement, responsibility and duty.  Consult an 
experience
attorney.

Regards!

-Thomas Clark


Nathan Lea wrote:

> On 9 Mar 2004, at 06:51, Thomas Beale wrote:
>
>     A well known study in Harvard medical school (I think) showed that
>     putting the message "Do not inappropriately access patient data -
>     all your accesses are being logged" on clinician screens a few
>     times a day resulted in a drop to near 0 of inappropriate access.
>     No other technology was used
>
>
> Indeed - but the (perhaps) disingenuous claim which is flashed across 
> clinicians' screens will only work for a finite period before people 
> stop believing it and revert to their old habits. Security is a 
> process, and it requires constant amendment and updating. If someone 
> wants to "attack" a system (in this case by inappropriately accessing 
> records), they will. To use a phrase which is undoubtedly well known 
> to everyone, "there is no silver bullet" - especially where security 
> is concerned...
>
> A good book to look at on the subject of insecure data is /The Art of 
> Deception/ by Kevin Mitnik.
>
> Never say die.
>
> Best,
>
> Nathan
>


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