These slides are the talking points for a 15-minute presentation I delivered as part of a Data Privacy Day panel at Cumberland School of Law, Samford University. The event was titled: "Is My Phone Spying On Me?"

1. MOBILE DATA PRIVACY
KEY POINTS FROM
SHEREE MARTIN, J.D., LL.M., PH.D.
JANUARY 27, 2012
Cumberland School of Law, Data Privacy Day

2. My overview considers:

3. How Mobile Data Impacts PHI Privacy

4. Davanti Digital Media--
YouTube: http://youtu.be/SmB_lzXcgVE

6. PHI Privacy Can Be Compromised By

7. How?

8. Kaiser Permanente Launches….
 Mobile apps for
electronic medical
records
 9 million patients in the
system

9. HIPAA & Data Breaches
 HHS database on security breaches involving EHR:
 “in the past two years, … 116 data breaches of
500 records or more were the direct result of the
loss or theft of a mobile device and led to the
exposure of the personal health information of 1.9
million patients.”
 Keep in mind that “mobile devices” included laptops, not just
smartphones, tablets
Source: Article on govhealthit.com (July 20, 2011) interview with Health IT Security
professionals.

10. HIPAA Applies To:
 Healthcare Providers
 Doctors,
Hospitals & Similar Providers
 Pharmacies
 Medical Insurance Companies & Similar Third-Party
Payors
 Ancillary Administrative Service Providers
 Outsourced Coding, Transcription, Billing, Accounting, IT
providers

11. HIPAA & Mobile Apps
 If user is healthcare provider or other covered
party, then HIPPA will apply.
 If app is developed for consumer use, then HIPPA
doesn’t apply.
See: http://mobihealthnews.com/11261/when-hipaa-applies-to-
mobile-applications/

12. Consumers & Mobile Privacy
 Scenarios
 Consumer downloads a mobile app that mines personal
health data
 Smartphone stolen from consumer who has activated
mobile access to PHI with healthcare or health
insurance provider
 Remote wipe not enabled
 Data mining by non-health apps of data logged when
using health apps

13. Contact Me
 tmartin@samford.edu
 http://www.benfranklinfollies.com
 LinkedIn: http://www.linkedin.com/in/shereem