Home > Regulation > Dartmouth Study Finds P2P Networks Hemorrhaging Sensitive Data

Dartmouth Study Finds P2P Networks Hemorrhaging Sensitive Data

While peer-to-peer may be a good metaphor for human interaction – social networking comes to mind – it may not always be the greatest model for the sharing of sensitive information.   Your medical history for instance, shouldn’t be shared with others on a P2P network.  Is this happening? Absolutely.  A study presented this week by Professor Eric Johnson of Dartmouth’s Tuck School of Business, describes how researchers found mounds of sensitive medical data on popular P2P networks: medical history, contact information, insurance details, treatment data, diagnosis and psychiatric evaluations – all mixed in with the song and movie downloads that usually make up the traffic on these networks.

So, how is this sensitive medical data getting on P2P networks in the first place?  Primarily through an employee’s computer – the employee downloads a P2P application on her work machine, and then uses that same machine to process sensitive medical data at work.  Sometimes the employee takes work home, making edits to a spreadsheet on her home computer (yes, a hospital-generated spreadsheet containing SSNs and other personally identifiable information for employees was one of the documents that the Dartmouth researchers found).  In both cases, the user configures the P2P application incorrectly, making all their personal data visible to other users on the P2P network.  Once that happens, the data is a prime target for cybercriminals and fraudsters who engage in identity theft.  Sensitive medical data is a particularly lucrative prize.  As Professor Johnson put it: “For criminals to profit, they don’t need to “steal” an identity, but only to borrow it for a few days, while they bill the insurance carrier thousands of dollars for fabricated medical bills.”

Arguably, this could be a potential area of concern for the companies covered by HIPAA and that deal with sensitive medical data online. But although HIPAA and the FTC’s Health Breach Notification Rule set out requirements for what companies need to do in case of a “breach” of sensitive medical data, they give little guidance to companies on what policies they could be implementing internally to prevent such breaches in the first place. Some may view this as a nod to self-regulation, but the truth is there are “best practices” that both HHS and the FTC could endorse.  A simple best practice that addresses the “data hemorrhaging” that Professor Johnson alludes to in his study, would be an internal policy against the use of P2P networks on machines that also handle sensitive medical data.  Another best practice – companies that deal with this type of data should consider partnering with regulators and health care providers to educate patients on the importance of securing their medical data – and how certain file-sharing technologies can promote medical ID theft when configured incorrectly.  Already, there’s collateral for such an effort – the FTC’s  tips to deter medical ID theft, which could be required patient reading (along with those HIPAA notices).

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