Definitions
The term breach has different meanings in different contexts:
Contract law
HITECH Act
A breach is the
| “ | unauthorized acquisition, access, use, or disclosure of protected health information which compromises the security or privacy of such information, except where an unauthorized person to whom such information is disclosed would not reasonably have been able to retain such information.[1] | ” |
Privacy law
See data breach; data security breach
Security
See security breach
References
- ↑ Pub. L. No. 111-5, §13400(1). Not included in the definition of breach are any unintentional acquisition, use, or access of PHI by an employee or other authorized individual of a covered entity or a business associate done in good faith and within the scope of employment or the relationship where such information is not breached any further; or inadvertent disclosures by authorized persons of PHI within the same facility; and information received as a result of such disclosure is not further disclosed without authorization.