Title: Message
Consider the following corollary:
  1. The Security Rule does not proscribe encryption for electronic transmissions of data.  This is an addressable element that must be assessed by the covered entity.  However, as long as the method of transmission is considered secure (or "good enough"), the covered entity could elect to not encrypt the data and document that decision as part of their assessment of Security compliance.
  2. Under the Privacy Rule, "conduits" such as USPS, UPS, and FedEx are not required to sign business associate agreements because they are considered "secure" conduits for the data they handle.  This includes direct modem connections using POTS lines (Plain Old Telephone Service).
  3. Data sent via secure transmission methodology could be addressed in such a way that encryption is not required.  Conduits are considered secure, therefore, the covered entity can decide that the data sent/received through conduits does not need to be encrypted.
  4. A covered entity may elect to encrypt data sent via conduit but must work with their business associates to make sure they can adequately handle decrypting the data.

Mike McKinlay

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-----Original Message-----
From: Dave Weiler [mailto:[EMAIL PROTECTED]
Sent: Tuesday, March 04, 2003 1:42 PM
To: WEDI SNIP Privacy Workgroup List
Subject: digital PHI and snail mail

Anyone have any information on how privacy/security regs affect digital PHI (on zip disk/CD/DVD) being sent via regular mail and/or UPS or FedEx.

Does the data need to be encrypted?

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