Privacy by Design principles

Integrating Privacy by Design (PbD) can help healthcare organizations build systems that minimize privacy risks, provide transparency, and empower patients to control their data.

What is Privacy by Design principles? 

Based on a Symmetry study on the topic of data protection in mobile cloud computing, “PbD is a general philosophy that demonstrates privacy should not be overviewed as an afterthought, but rather as a first-class requirement in the design of IT systems.”

PbD principles are a set of guidelines designed to make sure that privacy is considered and protected in every stage of the development and design of systems, products, and services. These principles aim to proactively prevent privacy breaches and protect individuals' personal information. 

The PHD principles include:

1. Proactive, not reactive: This principle means that privacy should be addressed before problems arise, rather than after a privacy breach occurs. It's about anticipating and preventing privacy issues.
2. Privacy as the default: Privacy should be the automatic and standard setting for systems and services. Users shouldn't have to take extra steps to protect their privacy; it should be ensured by default.
3. Embedding privacy into design: Privacy should be an integral part of the design process, not something added as an afterthought. It should be considered from the very beginning, not tacked on later.
4. Full functionality, positive sum: Privacy shouldn't be sacrificed for the sake of functionality or security. It should be seen as something that can coexist with other goals, like providing useful features and maintaining security.
5. Visibility and transparency: Privacy standards and practices should be clear, open, and easily verifiable. People should know what's happening with their data and have access to information about it.
6. Respect for user privacy: This principle centers on respecting the privacy of users and putting their interests first. It involves providing users with options, clear information, and choices regarding how their data is used.

See also: What is the Privacy and Security Framework?

How to ensure that PbD principles align with HIPAA compliance

1. Incorporate PbD principles from the start: Integrate PbD principles into your healthcare IT system's development process from the very beginning. This means considering privacy at the design phase of your application or system.
2. Conduct a Privacy Impact Assessment (PIA): Perform a comprehensive PIA as part of your development process. A PIA helps you identify and assess potential privacy risks and vulnerabilities within your system. It ensures that you're proactively addressing privacy concerns.
3. Data minimization: Apply the "Privacy as the Default" principle by collecting only the minimum amount of protected health information (PHI) necessary to achieve the intended purpose. Avoid unnecessary data collection and storage.
4. Security measures: Align the "Lifecycle Protection" principle with HIPAA's Security Rule. Implement appropriate security safeguards to protect PHI throughout its lifecycle. This includes encryption, access controls, and secure data storage and transmission.
5. User centered design: Prioritize the "Respect for User Privacy" principle by giving patients control over their PHI. Provide clear options for patients to access, correct, or restrict the use of their data within your system.
   
   

HIPAA compliant practices that can be integrated with PbD principles

1. Privacy Impact Assessments (PIAs): Conduct Privacy Impact Assessments regularly to identify and mitigate potential privacy risks. PIAs support PbD's proactive approach to privacy protection and help healthcare organizations align with HIPAA requirements.
2. Secure mobile and remote access: Implement secure mobile and remote access solutions to ensure that patient data remains protected even when accessed outside of the healthcare facility. Secure remote access practices support both HIPAA and PbD principles.
3. Secure communication: Implement HIPAA compliant secure communication solutions such as HIPAA compliant email within the organization. Ensure that these solutions include encryption, access controls, and audit trails to protect patient data during communication, aligning with both HIPAA and PbD.
4. Access controls: Implement robust access controls and user authentication mechanisms to ensure that only authorized individuals can access patient records. This aligns with PbD's principle of "Privacy as the Default" and helps prevent unauthorized access to sensitive health information.
5. Encryption: Encrypt patient data both at rest and in transit. Use strong encryption protocols to safeguard data, especially when transmitting it electronically. This practice aligns with PbD's "End to End Lifecycle Security" principle and helps protect data throughout its lifecycle.
   
   

How a PIA is performed

The PIA starts by defining its focus and goals, including what data will be collected and how it will be processed. It involves a detailed review and mapping of data to see how personal information moves through the project from start to finish. The assessment checks that the project meets privacy standards and follows legal and regulatory rules to ensure it is compliant.

It identifies any privacy risks and creates specific measures and strategies to reduce these risks. Consulting with stakeholders, documenting the process, and getting approvals are essential parts of the assessment. Privacy considerations are built into the project from the beginning, and it's regularly checked and updated to keep it in line with privacy regulations.

See also: What is a Privacy Impact Assessment?

FAQs

How does PbD relate to data minimization strategies?

Privacy by Design inherently promotes data minimization by encouraging the collection and retention of only the data that is necessary for the specified purpose.

What examples of successful PbD implementations exist in various industries?

Successful implementations include secure patient data systems in healthcare and privacy-aware smart home devices in consumer electronics.

How do PbD principles apply to mobile app development?

In mobile app development, Privacy by Design principles guide developers to integrate privacy settings and data protection features from the earliest stages.