Effortless Compliance: Mastering Healthcare Data 'Right to Be Forgotten' in Cloud Backups
XQ is the most efficient and secure way to delete patient data in backups.
When a patient asks for their data to be erased, how does an organization do that throughout all their data backup history? Does the organization open each archived data set, erase the data, and then re-encrypt and archive the remaining data?
What happens if there are multiple copies?
This scenario offers an almost unlimited opportunity for operational cost overruns.
XQ’s ability to remotely destroy access to data, even in encrypted backups is a game changer for “right to forget compliance“.
Zero Trust Data "Right to be forgotten"
The "right to be forgotten" in the context of healthcare, especially when data is stored in cloud backups, is governed by several regulations depending on the region. Here’s an overview of the key regulations:
1. General Data Protection Regulation (GDPR) - European Union
Right to Erasure (Article 17): GDPR mandates that individuals have the right to request the deletion of their personal data. Healthcare organizations must comply unless there are overriding legal or regulatory requirements. This includes cloud-stored data, where organizations must ensure that data is deleted from all backup systems as well.
Exemptions: In healthcare, exemptions exist if the data is needed for public health purposes or if its retention is necessary for the establishment, exercise, or defense of legal claims.
2. Health Insurance Portability and Accountability Act (HIPAA) - United States
HIPAA does not explicitly provide a "right to be forgotten" but emphasizes protecting the privacy of healthcare data (PHI - Protected Health Information). Cloud providers and healthcare organizations must implement safeguards to secure data.
Data Deletion: HIPAA does not mandate the deletion of healthcare records; instead, retention periods for medical records are often governed by state laws. Healthcare providers must ensure that any deletion processes in cloud environments follow HIPAA’s security requirements.
3. State Laws in the United States
California Consumer Privacy Act (CCPA): Under CCPA, consumers can request the deletion of personal data, including healthcare-related data, with some exceptions (e.g., data required for public health, legal obligations, or ongoing clinical trials).
Other States: Several other states have enacted privacy laws that grant consumers varying levels of rights to request data deletion.
4. Canada's PIPEDA (Personal Information Protection and Electronic Documents Act)
Individuals have the right to withdraw consent and request data deletion. Healthcare organizations using cloud storage must delete the data upon request unless there are legal reasons to retain it.
Key Challenges in Cloud Backups:
Backup Data Deletion: In cloud environments, deleting data from backups can be complex. Most regulations require that once a valid deletion request is made, data must be erased from not only primary storage but also from all backups where feasible. Some regulations allow for certain delays due to technical limitations, but they must be disclosed and resolved in a timely manner.
Best Practices:
Clear Deletion Policies: Organizations need clear procedures to honor deletion requests, including data stored in backups.
Data Retention Exceptions: Healthcare organizations should be transparent about exceptions to the right to be forgotten due to legal retention requirements, especially in healthcare-related scenarios.
Understanding and complying with these regulations require healthcare organizations to work closely with cloud providers to ensure the right to deletion is effectively implemented while still complying with necessary retention laws.
