Stolen laptop sparks Order by Commissioner Cavoukian requiring encryption of identifiable data: Identity Must be Protected



    TORONTO, March 8 /CNW/ - Ontario Information and Privacy Commissioner Ann
Cavoukian is ordering Toronto's Hospital for Sick Children (SickKids) to
introduce a number of specific protections following the off-site theft of a
laptop computer containing the personal health information of 2,900 patients
of the hospital. The most notable measure required is the need to encrypt any
personal data taken out of the hospital on a laptop or other remote computing
device.
    Among the provisions in the health order (HO-004) the Commissioner issued
today under the Personal Health Information Protection Act (PHIPA):

    
    -   SickKids must develop and implement a comprehensive corporate policy
        that prohibits the removal of identifiable personal health
        information in electronic form from the hospital premises. In the
        event that personal health information in identifiable form needs to
        be removed in electronic form, it must be encrypted.

    -   The hospital must also develop and implement a hospital-wide endpoint
        electronic devices policy, applicable to both desktop and portable
        devices (laptops, PDAs), which mandates that any personal health
        information not stored on secure servers must either be de-identified
        or encrypted.
    

    Going further, the Commissioner is telling all health information
custodians in Ontario that they should never store any personal health
information on their laptops or mobile computing devices unless they have
taken strong steps (such as encryption) to ensure that the information is
protected against unauthorized access, if the device is lost or stolen.
    A physician at SickKids, who also functions as a researcher there, left
the hospital on January 4, 2007, taking one of the hospital's laptop
computers, with the intention of analyzing the research data stored on it at
home. However, he did not go directly home. The physician parked his minivan
in a downtown Toronto parking lot between 7:30 and 11 p.m., leaving the laptop
under a blanket between the front seats of the van (which had no trunk). When
he returned, he discovered that the front passenger window had been broken and
the laptop had been stolen.
    The personal health information stored on the stolen laptop included
patients' names and individual SickKids numbers as well as information
relating to the patients' medical conditions.
    In some cases, very sensitive information was also included such as drug
therapy and HIV status. The health information of the patients was being used
in 10 different research studies. Some of the patient information had been
provided to SickKids by the University Health Network (UHN), since roughly 350
of the patients had been treated at both SickKids and UHN.
    All of the data on the laptop was also saved on the SickKids' main
server, but the only security measure on the laptop was a login password.

    HEALTH INFORMATION CUSTODIANS MUST PROTECT ALL DATA

    In the health order she released today, Commissioner Cavoukian provided
guidance to all health information custodians on how to protect personal
health information. Where personal health information must be stored on
portable electronic devices, only the minimal amount of information necessary
should be stored, and for the least amount of time necessary to complete the
required work. Most importantly, where personal health information is stored
on mobile devices in identifiable form, the information must be encrypted,
said Commissioner Cavoukian. "At a minimum, files or folders containing
personal health information must be encrypted. It is essential to use
up-to-date encryption techniques to ensure that personal health information is
appropriately secured."
    The Commissioner is "strongly urging" all health information custodians
to regularly review their privacy and security policies and procedures
relating to the storage of health information on mobile computing devices to
ensure that they, "are effective in minimizing the significant risk to privacy
posed by the loss or theft of such devices." This message is particularly
timely in light of the present month, March, being recognized as Fraud
Prevention Month.
    "All health information custodians," said Commissioner Cavoukian, "should
invest in proactive measures to protect personal health information stored on
mobile computing devices. In the event that such a device is lost or stolen,
this would save custodians time and money by allowing them to avoid the
notification requirements of PHIPA, as well as protecting individuals from the
undue stress of knowing that their personal health information was lost or
stolen. It will also prevent the potentially irreparable damage to a
custodian's reputation resulting from the loss or theft of health information
from their hospital or office."
    The "Commissioner's Message" contained in the Order ends with: "There is
no excuse for unauthorized access to personal health information (PHI) due to
the theft or loss of a mobile computing device - any PHI contained therein
must be encrypted."
    The Commissioner's health order is available at: www.ipc.on.ca.





For further information:

For further information: Media contact: Bob Spence, Communications
Co-ordinator, Office of the Information and Privacy Commissioner, Ontario,
Phone: (416) 326-3939, Cell: (416) 873-9746, bob.spence@ipc.on.ca


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