Convergence of Information and Physical Security
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1 Convergence of Information and Physical Security 11th AMC Conference on Securely Connecting Communities for Improved Health The Friday Center Chapel Hill, NC
2 Session Objectives Describe the cross-disciplinary skillsets and relationships required to respond to cybercrime and conduct technical investigations. Explain evidentiary requirements for data collection, preservation and examination. Discuss venues for establishing and maintaining relationships with local, state and federal law enforcement.
3 Convergence of Information and Physical Security Ray Shelton HIPAA Security Officer, Mount Sinai Health System Bruce Sackman President, Society of Professional Investigators Michael L. Yaeger Special Counsel, Schulte Roth & Zabel LLP Peter Ahearn, Jr. Special Agent, FBI
4 Medical Center Investigations and Law Enforcement The Art of the Referral When, How, and Why to Refer Cases to Law Enforcement Presented by Bruce Sackman
5 When Should Medical Centers Refer Investigations to Law Enforcement? When required to by statute. When an investigation cannot proceed without their assistance. When the value of a prosecution exceeds the value of administrative remedies. When there is a strong working relationship with a law enforcement organization. Before a whistle-blower.
6 Why do some medical centers decline to refer investigative matters to law enforcement? Bad publicity. Too time consuming and costly trying to satisfy the demands of prosecutors. Employees don t want to testify. Who knows what else their investigation will uncover?
7 The Investigation
8 Every Investigation has an Electronic Component to it! Video surveillance. Card reader records. Corporate s. Corporate Text messages. Corporate cell phone records. Employee work station hard drives. Pertinent medical center data searches. Employee computer log on/off records. Equipment usage logs including data sent to the manufacturer. Social media postings.
9
10 Seize Everything Feeding tubes Lines Pumps Bed sheets/pillow cases Patient s pajamas Syringes Garbage containers Electronic devices Medical records/notes from all departments
11 What do we want? Everything. When do we want it? Now! 1. Every item obtained must have a careful documented trail of how, where and when it was collected. 2. Every item must be secured in a safe storage area. 3. A litigation hold should be placed on all electronic evidence until such time as the investigation is completed.
12 Data Incident Response Presented by: Michael Yaeger Special Counsel Schulte Roth & Zabel
13 Incident Timeline Discovery Initial Response & Evaluation External Response Continuing Ramifications
14 Sources of Discovery More control Self-discovery Business associates (3 rd parties) Law enforcement/regulators Less control
15 Response & Evaluation The team Containing the damage Set up a secure channel to Dig out emergency phone list (paper ) This is an investigation done at the urging of the organization s lawyer
16 Response & Evaluation (cont d) Document Everything You Do What happened when What the decision-making process was What happened next
17 Response & Evaluation (cont d) Preserve Evidence Think forensically from the start: Bring in an outside team Incident response can alter evidence
18 Response & Evaluation (cont d) Other Questions Any insurance that may apply? Have the bad guys stolen something that was subject to a non-disclosure agreement?
19 External Response Notification HIPAA / HITECH The States
20 It s a big country, and you have to comply with all of it
21 Peter Ahearn, Jr What the FBI can do for you. What the FBI cannot do for you. What the FBI will not do for you. Preparing for security incident investigations. Mount Sinai / Presentation Slide / December 5,
22 Thank you! 22
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