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Privacy & Security

ChatGPT Artificial Intelligence: Cybersecurity Risks and Ethical Concerns

From “Fake news” to misinformation and Bots; it has become overwhelmingly challenging to authenticate information on the internet. This has not stopped the evolution of technology as innovators compete to be on the cutting edge of the latest software.  OpenAI is an artificial research and deployment company that is responsible for the launch of ChatGPT in November of 2022. The newly released artificial intelligence chatbot is trained to generate realistic and convincing text. The software was fed human literature and internet language enabling it to create a body of text within the parameters of the prompt presented. With more than 1 million users, it has gained traction across the masses. However, the natural language processor has sparked controversy over cybersecurity threats and ethical concerns in its usage.  

Kidnapped Data: Healthcare Ransomware Attacks

Ransomware attacks are one of the largest threats to the healthcare industry and a tough cybersecurity problem to address. From 2016-2021, there were almost 400 ransomware attacks on healthcare organizations in the US. It is estimated that such attacks exposed the personal healthcare data of over 40 million patients. Since these attacks cannot typically be resolved without paying the ransom, it is important to invest in preventative measures to protect healthcare data from potential breach.

Federal Trade Commission Accuses Chegg of “Careless” Data Security

On Monday, October 31, the U.S. Federal Trade Commission (FTC) called on education technology provider Chegg, Inc. (Chegg) to bolster its data security, citing lax security practices that regulators said exposed the personal data of more than 40 million Chegg users. The exposed personal information included names, email addresses, passwords, and for certain users, sensitive scholarship data such as dates of birth, parents’ income range, sexual orientation, and disabilities.

Twitter Whistleblower Exposes FTC’s Ineffective Efforts to Protect User Data

Danielle McNamara Senior Editor Loyola University Chicago School of Law, JD 2023 In July 2022, former Twitter board member Peiter Zatko filed a complaint against Twitter, alleging that  the social media platform failed to develop a security system consistent with the Federal Trade Commission’s (FTC) requirement to implement a comprehensive information-security program, established in 2011. …
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A Collaborative Effort in Defeating Healthcare Cyber Attacks

In an effort to improve cybersecurity in the healthcare sector, a bipartisan bill was introduced in Congress on September 13, 2022, by Republican Brian Fitzpatrick of Pennsylvania and Democrat Jason Crow of Colorado. The Healthcare Cybersecurity Act relies on a partnership between the Cybersecurity and Infrastructure Security Agency (CISA) and the Department of Health and Human Services (HHS) to work together in improving cybersecurity in the healthcare sector.  The Act has been introduced as a result of record high increases in health data breaches across the country over the last several years. The goal is to provide resources for training and heighten efforts taken across the nation to mitigate cybersecurity risk. The Act would not only improve patient care but save healthcare cost by taking a proactive approach.

The Need for Federal Regulation of Tracking Pixels to Protect Patient Data

In June 2022, a nonprofit news site called The Markup released a report stating that hospitals using Meta Pixel may be releasing patient data to Meta Platforms, Inc. (previously Facebook, Inc.). Since this report was released, many of the hospitals identified in the report removed pixel technology from their websites. In addition, some hospitals have released public breach notices and reported potential data privacy breaches to the US Department of Health and Human Services (HHS) Office of Civil Rights (OCR). Most recently, on October 20, 2022, Advocate Aurora Health, a large health system located in the Midwest, released a notice publicly announcing its potential pixel breach, which may affect as many as three million patients.

Handling a Data Breach: Equifax v Google

Google answered Amazon’s Echo Dot by recently launching their own pint-sized smart speaker, the Google Home Mini. Recently, Google was forced to disable one of the features on the Home Mini after it was discovered that a technical glitch led to near 24/7 audio recording. Google responded quickly and appropriately, investigating the cause and quickly releasing an update to disable the hardware responsible for the glitch. The Equifax hack –  a breach of personal data including social security numbers, driver’s license information, and other credit details – exposed nearly half the country and waited months to respond. Upcoming European legislation that can significantly impact American companies with European Union clients may be part of the reason for their drastically different responses.  

What Happens When The Police Demand PHI

It happens in every emergency department: a law enforcement officer comes into the ER at two o’clock in the morning and demands to test the blood alcohol levels of a patient brought in after an auto accident. The officer pulls an exhausted nurse to the side in the hopes that the nurse will forget his or her training, or become anxious enough to give up the information for fear of being arrested. Yet no matter the specific facts, the question remains: can a hospital give law enforcement officers a patient’s PHI without authorization from the patient? In some situations, is it even required?

There is a provision under the HIPAA Privacy Rule that allows, and in some cases, requires, entities to disclose patient’s PHI to law enforcement without the patient’s authorization. However, state law can complicate this picture with more restrictive regulations and guidance.

Personal Information Protection Act (“PIPA”): Redefining Cyber-Security & Consumer Protection

Illinois’ Personal Information Protection Act (“PIPA”) became effective on January 1, 2017.  Illinois is just one of many states that recently strengthened their data breach notification systems and created data security laws to enhance protection of personal information.  Like other state provisions, Illinois created stronger safeguards for personal information transmitted electronically.  This act requires that all personal information provided electronically must be encrypted or redacted.  The amendments to PIPA (1) broadened the statute’s definition of personal information; (2) clarified the safe harbor for encryption; (3) addressed required notification to residents after a breach; and (4) established limited exemptions.    

FISA Section 702 and the Fading Future of Effective Surveillance Laws in the Midst of Governmental Mishaps

Section 702 of the Foreign Intelligence Surveillance Act (FISA) allows the United States government to obtain access to the communications (e.g. emails) of non-U.S. citizens without a warrant. The rationale behind the law is its potential for use in gathering intelligence on potential terrorists and potential terrorist activity. The law has become controversial because intelligence on U.S. citizens has incidentally occurred as well, as emails and phone calls from U.S. citizens have been contained in intelligence-storing databases. As the law expires at the end of 2017, Congress is considering changing the ways intelligence is collected pursuant to the collection procedures stipulated under the law.