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Is Win2k + SP3 HIPAA Compliant? | |
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| Time: 10:12 EST/15:12 GMT | News Source: Slashdot | Posted By: Byron Hinson | ||
|
Our company deals with medical records in a peripheral sort of way (as they pertain to student loans), and due to new laws we are required to be HIPAA compliant by April. After reading the discussion on here about the new EULA for Win2k SP3, I had a disturbing thought. As far as I can tell, if you use Windows 2000 then you're going to be out of compliance whatever you do. If you install the patch, then theoretically Microsoft could access those medical records (possibly by accident) without 'due cause or need' in the process of updating your machine. If you don't patch your system then you'll fail the security requirements of the law." If Win2k with SP3 is not HIPAA compliant (and I stress the if because no one has made a statement either way, yet) what can non-compliant Medical IT departments do? | ||
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| #1 By 2459 (24.233.39.98) at 8/28/2002 11:26:48 AM |
|
Just when you'd think the EULA interpretations could get no dumber...
The FUD just keeps comming. |
| #2 By 1845 (12.254.162.111) at 8/28/2002 3:02:43 PM |
| One might ask you the same question XMLSOAP. What makes you a legal expert? What evidence do you have that such a loophole isn't valid? |
| #3 By 135 (209.180.28.6) at 8/28/2002 4:18:45 PM |
|
Let's look at that phrase in the EULA that has everybody up in arms with again...
"You acknowledge and agree that Microsoft may automatically check the version of the OS Product and/or its components that you are utilizing and may provide upgrades or fixes to the OS Product that will be automatically downloaded to your computer" Ok, so Microsoft is going to check the version of the OS and its components. That doesn't state anything about any other documents on the machine. Then they may provided fixes which will be automatically downloaded. That doesn't say anything about automatically installed, just downloaded. So we can all agree that this article is FUD, right? |
| #4 By 3339 (65.198.47.10) at 8/28/2002 7:08:46 PM |
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And what's the next sentence, soda?
"These security related updates may disable your ability to copy and/or play Secure Content and use other software on your computer." Sounds to me like they are authorized to install. And the issue in this instance is not whether or not MS is saying they are going to alter or copy these medical records--the issue is: by the HIPAA regs, computers storing personal medical documents can only be accessible to authorized parties with due cause to access the files. Whether or not MS is only going to autoupdate WMP if you have autoupdate checked and then whether or not you install it is not the issue--the issue is that MS is not a party with due cause but they have granted themselves the right to access any computer with their software on it. Access, no matter what form it takes, is restricted by HIPAA. This post was edited by sodajerk on Wednesday, August 28, 2002 at 19:12. |
| #5 By 135 (208.50.201.48) at 8/28/2002 8:45:26 PM |
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sodajerk - That sentence is not in the Windows 2000 SP3 EULA.
The sentence I quoted is the end of a paragraph, the next paragraph says you can install this service pack to any computer you have which has a licensed copy of Win2k. Nice try. |
| #6 By 4209 (64.78.97.194) at 8/28/2002 9:02:41 PM |
| SodaJerk, you can also select if you want the updates to be auto installed, or just downloaded or if you just want to be notified, as well as truning it off. |
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