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Industry

Health data has a statutory obligation attached to it.

If you hold personal health information in Ontario you are a health information custodian, and your security obligation comes from legislation rather than from a customer contract.

PHIPA s. 12(1) requires reasonable steps to protect that information against theft, loss and unauthorized use or disclosure. Reasonableness is judged after an incident, against what a comparable custodian would have done.

Why clinical systems fail at access control specifically

Healthcare software is designed so that a clinician can reach a record quickly, because in an emergency that is the correct priority. Every design decision that serves that goal pushes against least privilege.

The result is systems where the role model is broad by intention and nobody has tested what it permits in practice. That gap is where the findings are, and it is not a coding error, it is an unexamined trade-off.

Where testing usually finds something

These are the surfaces that come up repeatedly in health systems, in rough order of how often they produce a finding.

  • Role boundaries that permit reading records outside a user's circle of care
  • Patient portals where altering an identifier returns another patient's record
  • Integration endpoints, including HL7 and FHIR interfaces, with weaker authorization than the main application
  • Audit logs that record reads but are never reviewed, or are modifiable by the people they log
  • Vendor and support access that outlived the project it was created for
  • AI assistants with read access to records and no record of what they read

Breach notification is why untested is expensive

PHIPA s. 12(2) requires notifying the affected individual at the first reasonable opportunity where personal health information is stolen, lost, or used or disclosed without authority, subject to the Act's exceptions.

A finding in a report costs a ticket. The same weakness discovered by someone else costs a notification, a regulator conversation, and a conversation with your patients. That asymmetry is the business case.

How your data is handled during the engagement

Testing systems that hold personal health information means handling personal health information, so the handling terms are part of the scope rather than an afterthought.

CyberArc's data handling is PHIPA-aware. Client data is processed on local AI models by default, and cloud AI tools are used only with the client's written consent. A custodian cannot authorize an arrangement that would itself constitute an unauthorized disclosure, so this is agreed in writing before any access is granted.

Digital health products, not just clinics

A company selling software to clinics usually sits in both roles: a service provider to custodians and, for its own data, a custodian. Customers increasingly ask for evidence of testing during procurement.

The multi-tenant question dominates here. If one clinic's data can be reached from another clinic's account, that is a single finding affecting every customer at once, and it is the first thing worth testing.

Questions

Does PHIPA require penetration testing?
PHIPA names no specific procedure. It requires steps that are reasonable in the circumstances, which is assessed against what a comparable custodian would do. Independent security testing of systems holding personal health information is now ordinary practice, making its absence harder to defend.
Can you test a system that holds real patient data?
Only under a written agreement that covers data handling, and ideally against an environment with representative but non-identifiable data. Where production access is necessary, the scope and handling terms are agreed in writing first, with PHIPA-aware handling applied throughout.
We are a software vendor, not a clinic. Does this apply to us?
Usually in both directions. You are a service provider to custodians, which brings contractual obligations and procurement questions, and you are likely a custodian of your own data. Multi-tenant isolation is the highest-value thing to test first.

Sources

Standards and legislation are quoted from the sources above and change over time. Read the primary source before relying on it. Nothing on this page is legal advice.

Next step

Start with a scoping call.

Tell us what you need tested. Before any testing begins, the scope is written down and the agreement and rules of engagement are signed.

Book a scoping call