Final answer:
The healthcare organization must present evidence such as documentation of authorized access to prove that a breach of protected health information did not occur. Definitions from acts like the Personal Data Notification & Protection Act and adherence to HIPPA standards help establish the parameters for what is considered unauthorized disclosure.
Step-by-step explanation:
When a healthcare organization determines that a breach did not occur from an authorized disclosure of protected health information, they have the burden of proof to demonstrate the absence of a breach. An example of the burden of proof would include evidence that supports their claim. Evidence might consist of documentation showing all access to the protected health information was by authorized personnel for legitimate purposes.
The Personal Data Notification & Protection Act of 2017 provides a clear definition of what constitutes a security breach, emphasizing unauthorized acquisition or access to sensitive personally identifiable information. This act can serve as a guideline for healthcare organizations when assessing potential breaches. Under the Health Insurance Portability and Accountability Act (HIPPA), healthcare providers and related entities must ensure the confidentiality of patient records. For instance, sharing a patient's diagnosis without their consent could be a HIPPA violation and can be considered as evidence if there's suspicion of unauthorized disclosure.