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Under the HIPAA Privacy Rule and the proposed Security Rule, there is
not verbiage that I'm aware of that prevents covered entities from
backing up their own data and taking it home. There are, however,
documented requirements for contingency plans and media controls. For
this scenario, this basically means that there needs to be formal,
documented policies and procedures outlining how the data is being
backed up as well as the physical access controls and media controls for
the backup media going into and out of the facility. This is subject to
change in the final Security Rule, but for now, it's simply a solid
combination of common sense, well-established best practices and good
documentation about what's being done. Just keep in mind, with or
without HIPAA, to ensure that the backup media are adequately protected
and kept out of the hands of strangers, not stored in a hot or cold
automobile and that they are readily accessible (by other personnel)
when a disaster occurs.
For more information on this topic, visit these other SearchSecurity.com resources:
Best Web Links: Data Protection/Backup
Best Web Links: Health Care/Health Services
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