🏥 Medical Cannabis Patient Data Protection

1. Data Minimization

Collect only what you need:

• Limit data collection to what's necessary for service delivery and compliance
• Avoid collecting "nice to have" data that increases risk without clear value
• Regularly review data collection practices to eliminate unnecessary elements
• Document the purpose and legal basis for each data element collected

2. Purpose Limitation

Use data only for stated purposes:

• Clearly communicate to patients how their data will be used
• Obtain explicit consent for data uses beyond primary service delivery
• Don't repurpose data without patient consent
• Limit marketing use of patient data (many jurisdictions restrict this)

3. Data Retention Limits

Keep data only as long as necessary:

• Define retention periods for different data types based on legal requirements
• Implement automated deletion for data past retention periods
• Provide patients ability to request data deletion (right to erasure)
• Securely destroy data when no longer needed (not just deletion—overwrite/shred)

4. Transparency

Patients should understand your data practices:

• Provide clear, readable privacy notices (not just legal boilerplate)
• Explain what data you collect, why, how it's protected, and how long you keep it
• Make privacy notices easily accessible (website, point-of-sale, intake forms)
• Update patients if data practices change materially

Role-Based Access Control (RBAC)

• Principle of Least Privilege: Staff access only data necessary for their specific role
• Role Definitions: Clearly define roles (budtender, manager, compliance officer) with associated permissions
• Regular Reviews: Quarterly access reviews to remove unnecessary permissions
• Segregation of Duties: No single person should control all aspects of sensitive operations

Authentication & Authorization

• Unique User Accounts: No shared logins—each staff member has unique credentials
• Strong Passwords: Enforce password complexity and regular changes
• Multi-Factor Authentication (MFA): Require MFA for systems containing patient data
• Session Management: Automatic logout after inactivity, especially on shared devices

Audit Logging

• Comprehensive Logging: Record all access to patient data (who, what, when)
• Log Protection: Store logs securely, prevent tampering
• Regular Review: Monitor logs for unauthorized access or suspicious patterns
• Retention: Keep audit logs for extended periods (12+ months minimum)

Data at Rest

• Database Encryption: Encrypt databases containing patient information (AES-256)
• File System Encryption: Encrypt file systems on servers and workstations
• Backup Encryption: Encrypt all backup copies of patient data
• Mobile Device Encryption: Encrypt laptops, tablets, phones accessing patient data

Data in Transit

• TLS 1.3: Use modern encryption protocols for all network communications
• VPN for Remote Access: Require VPN for remote staff accessing patient systems
• Secure Email: Use encrypted email for sending patient information
• Secure File Transfer: Use SFTP or secure cloud storage (not email attachments)

Key Management

• Key Storage: Store encryption keys separately from encrypted data
• Key Rotation: Regularly rotate encryption keys
• Access Control: Strictly limit who can access encryption keys
• Disaster Recovery: Secure backup of encryption keys for data recovery

• Secure Facilities: Lock server rooms, restrict physical access to systems with patient data
• Clean Desk Policy: Don't leave patient information visible on desks or screens
• Secure Disposal: Shred paper records, wipe electronic storage before disposal
• Visitor Control: Log and supervise visitors, especially in areas with patient data access

Privacy Officer/Data Protection Officer

• Designate responsible person for data protection oversight
• Ensure adequate authority and resources to fulfill role
• Regular reporting to leadership on privacy program status

Policies & Procedures

• Written Privacy Policy: Document how you handle patient data
• Data Breach Response Plan: Procedures for detecting, containing, investigating breaches
• Patient Rights Procedures: Process for patients to access, correct, delete their data
• Third-Party Management: Requirements for vendors handling patient data

Training & Awareness

• Initial Training: All staff handling patient data receive privacy training before access
• Annual Refresher: Regular training updates on privacy requirements
• Role-Specific Training: Additional training for roles with elevated access
• Acknowledgment: Document staff understanding of privacy responsibilities

Vendor Assessment

• Evaluate data protection practices of POS systems, cloud providers, payment processors
• Review vendor security certifications and compliance attestations
• Understand where vendor stores and processes patient data (jurisdiction matters)

Contracts & Agreements

• Include data protection requirements in vendor contracts
• Define responsibilities for breach notification
• Require vendor to implement appropriate security controls
• Include right to audit vendor security practices

Ongoing Monitoring

• Regularly review vendor security posture
• Monitor for vendor data breaches affecting your data
• Maintain inventory of all vendors with patient data access

Right to Access

• Patients can request copies of their data
• Establish process to fulfill requests within reasonable timeframe (typically 30 days)
• Provide data in accessible, readable format
• Verify patient identity before releasing data

Right to Correction

• Patients can request correction of inaccurate data
• Implement process to review and correct data as appropriate
• Document reasons if correction request is denied

Right to Deletion

• Patients can request deletion of their data (with some exceptions)
• Understand legal retention requirements (may prevent immediate deletion)
• Delete data when no longer legally required to retain
• Document deletion requests and actions taken

Right to Data Portability

• Patients may request their data in machine-readable format
• Provide data in structured format (CSV, JSON) when feasible
• Enable patients to transfer data to another provider if requested

Detection & Containment

• Establish monitoring to detect potential breaches quickly
• Immediately contain breach to prevent further data loss
• Preserve evidence for investigation

Investigation & Assessment

• Determine what data was accessed/stolen
• Identify root cause and attack vector
• Assess potential harm to affected patients

Notification

• Regulatory Notification: Understand reporting requirements and timelines in your jurisdiction
• Patient Notification: Notify affected patients promptly if their data was compromised
• Communication Plan: Prepare clear, honest communication about breach and remediation

Remediation & Lessons Learned

• Fix vulnerabilities that enabled breach
• Implement additional controls to prevent recurrence
• Document incident and response for future improvement