Advice:
Organization should be aware that most privacy
laws apply retroactively.
The sooner you get organized the easier it will be to organize and protect
the relevant information. There is a responsibility to get informed consent
for all personal information on any system. In terms of your own people,
it involves a variety of specific information, even some shared with
third parties, such as outside payroll/ insurance health care providers
and various levels of government. So how bad is it? Recent Heath care privacy breaches
At
the very minimum, be prepared identify and protect any personal information
that you collect, retain, use, or disclose in the course of a commercial
activity- nationwide & internationally. This includes Customers/Patients
and suppliers/ contractors/ consultants- past, present and future. See
more on government Privacy legislation.
Let's assume that you have good privacy policy and procedures in place.
This data will start to grow exponentially. You must take reasonable
steps to protect that personal information, both the paper and electronic
documents. There are no official or nonofficial versions of this electronic
data, be it recorded or stored on any medium in or by a computer system
or similar device. Oh yes, that includes anything that can be read or
perceived- print outs, displayed on a monitor or other output. Now we
are talking about a server accessed by a PC, cell or display telephone,
PDA's, etc. and even if that information is just sitting on a laptop
at home.
And of course, let's not forget the formal hard copy document, scan-fax,
hand written speedy memo/post-it-note, picture/ drawing, or even oral
communication for the purpose of providing consent, collecting or disseminating
personal information.
Just in case you were wondering does everything need to be locked down?
Business contact information is ok- such as name, business address/phone
and e-mail. Or is it? Stealers and sellers of information love that stuff,
since even one snippet of information leads to another.
The
First Steps:
1.-
Consent- Can be explicit or inferred, orally, in writing or electronically.
Best Practice- Be explicit- written consent with the full disclosure
of the purpose(s) it is being gathered for.
2.- Training- Make sure all of your Staff if aware and complying of
your policies and procedures on an on-going basis. Do not forget to
include suppliers of products and services, such as payroll processors,
recruitment firms, insurance providers, actuaries, etc.
3.-
Organize and Secure- Get in the habit of organizing your information
and consents. Some hard decisions need to be made on storage, release
procedures and on-going protection/ destruction methods.