Standards and Legal Policies
The modern world has become a huge consumer of the internet and computer technology in its every day operations including social interactions. An increase in the number of internet users has resulted in an increase in the number of cybercrimes. The term cybercrimes may be used to describe a variety of internet frauds committed b using computer as either objects or tools to an offense. Hacking, fishing, as well as Phishing are examples of internet crimes where computers are used as objects of crime. Hate speech and child pornography are some of the examples of internet crimes where computers are used as tools of crime. Majority of the cybercrime are an attack on sensitive information regarding individuals, governments, organizations, companies, and institutions such as banks. Data privacy should therefore be highly maintained and every institution or organization should be able to determine the kind of data within its computer system that can be shared with third parties. There should be very high security measured put in place to avoid issues of cybercrime and those that define steps to be taken when such a crime occurs.
HIPAA
Healthcare organizations have shifted to the use of computer technology in their provision off services. Bid Data systems such as the Electronic Health Records are largely in use to store patient information. Since the introduction of the EHR’s, most healthcare organizations have reported improved healthcare outcomes (Drolet, 2017). The reasons for the improvement is because by storing patient information in a computer system, the data will be readily available when needed including in emergence cases hence preventing medical errors. Secondly, the EHR’s make it easy for healthcare provider to retrieve the patient’s medical history which may include sensitive information from the past that will aid in the provision of care. One major risk however, is that if nit properly stored, the patient information can easily be hacked leading to negative legal consequences on the healthcare organization. The U.S department that deals with Health and Human Services came up with a privacy rule that aims at preserving the integrity of the healthcare system. The rule by the HHS protects the use and disclosure of the health information of patients. The Health Insurance Portability and Accountability Act implemented in 1996 called for the HHS to come up with standards that would regulate the use of electronic health information. It is a requirement of the HIPAA that health plans, health care clearinghouse, and healthcare providers follow the standard rule by maintaining security of patient information when using electronic records. Every healthcare provider that makes use of electronic systems to transmit information about a particular patient such as referral authorizations and claims must observe a standard transaction.
Freedom of Information Act
The freedom of information act allows any individual to request access to record belonging to the federal agency. Its basic function is to ensure that citizens are informed on issues that are important in the functioning of a democratic society. FOIA however has limits on the extent the information is disclosed (Solove, 2016). For example, classified information for national defense cannot be disclosed, personnel and medical files, as well as information on the supervision of banks. Other exemptions include; internal personnel rules, trade secrets, vital business information, records on law enforcement, and geological information. Attaining access to this information by any individual through acts such a phishing is considered as cybercrime and is heavily punishable by the law. Governments are easy targets by terrorists who try to acquire information on national defense through hacking the web systems where such information is stored. The FBI is the main federal agency that oversees online attacks by criminal and terrorists. The 9/11 attack was partly a cyber-attack and had appropriate measure been taken by the FBI, thing would not have gotten out of hand. Hackers can also unlawfully access bank system and cause alterations in the financial sectors. Customers and investors will lose trust in the information provided by the bank causing the collapse of the sector. According to CNBC news, the former top cybersecurity officer of the world bank argued that he is more afraid of data being altered than being lost or stolen (Fazzini, 2018). The U.S has since the 9/11 attacks launched some sophisticate systems that help to detect and prevent any cases of cyber-attacks such as creating a well-equipped cyber division at the headquarters of FBI.
Sarbanes-Oxley Act
Corporate fraud is very common and the Sarbanes-Oxley Act of 2002 is dedicated towards detecting crimes in the corporate sector. As a federal law, it was established to facilitate the auditing process and the financial regulations of public companies. The aim of the act it to provide protection to shareholders, the general public, and the employees. A number of corporate scandals that led to unlawful retrenchment of whistleblowers facilitated the formation of the act. The Enron scandal prompted the creation of the Sarbanes-Oxley Act. Enron was one of the largest companies in the U.S that was trusted with financial stability (Kecskés, 2016). Energy related companies transacted business with Enron that saw it grow to the worlds largest communication, electric, gas, pulp and pare companies. It came as a shock to many when it filed bankruptcy in 2001. Along the way, Enron had adapted some fraudulent practices when the government deregulated the oil ang gas industry. Enron altered data on the earning reports for its shareholders that led to them accruing losses. The company executives embezzled finds and also manipulated the energy market. It is from the incidence that the ACT was implemented in order to increase accountability and disclosure requirements. The SOX applies the law of privacy of information in that it protects whistleblowers who report cases of fraud against their employer. Companies are also not allowed to change the terms of employment for the employees who report the case and can neither reprimand them. SOX therefore is concerned with ensuring that the employees that blow the whistle is well protected from unjust acts by the employers.
Conclusion
Businesses in the domestic and foreign arena compete for the global economy hence with the internet and computer systems, it is very easy for rivals to launch attacks leading to the collapse of one or both of the businesses. There is therefore need to make use of computer forensics that will help in the detection of cybercrimes. The main target of computer forensics is acquiring satisfactory evidence that can be used against or in favor of the user. Heavy penalties should be imposed on hackers a measure to prevent cases of cyber-attacks. The federal government should ensure that every organization strictly adheres to the standers rules of information privacy and security. The public, governments and legal-justice systems should work collaboratively to minimize cybercrime.
References
Drolet, B. C., Marwaha, J. S., Hyatt, B., Blazar, P. E., & Lifchez, S. D. (2017). Electronic communication of protected health information: privacy, security, and HIPAA compliance. The Journal of hand surgery, 42(6), 411-416.
Fazzini, K. (2018, October 16). Power outages and bank runs: Here are the ‘cyber 9/11’ scenarios that really worry the experts. Retrieved from 911-scenarios-power-outages-bank-runs- changed-data.htm
Kecskés, A. (2016). The Sarbanes-Oxley act from a legislative viewpoint. The Theory and Practice of Legislation, 4(1), 27-43.
Solove, D. J. (2016). A brief history of information privacy law. Proskauer on privacy, PLI.
