DDoS Attacks and the Flow of Health Data: Applying Contextual Integrity to Privacy Risks Across Multiple Custodians
In the context of a DDoS attack impacting Protected Health Information (“PHI”) shared among multiple custodians, while responsibility for data privacy is shared, it ultimately rests with the data owners and holders. One approach to establishing accountability for privacy violations stemming from information flow during a DDoS attack - Boston Children’s Hospital (“BCH”) - calls for a nuanced application of Helen Nissenbaum’s Contextual Integrity framework. This involves carefully considering the complexity and variability of the contextual constraints that shape an individual’s expectations of privacy regarding how information should flow. For example, because BCH used the same Internet Service Provider (“ISP”) as seven other care institutions, the organized attack shad the potential to bring down multiple pieces of BCH’s critical infrastructure...