What must a covered entity determine to assess if a data breach poses a low probability of compromise?

To assess whether a data breach poses a low probability of compromise, a covered entity must evaluate whether the protected health information (PHI) was viewed or acquired. This is critical because the act of viewing or acquiring PHI usually indicates that unauthorized individuals had access to the information, which raises concerns about the potential for misuse.

Determining whether the PHI was viewed or acquired helps ascertain the severity of the breach. If the PHI was accessed but not obtained, it may suggest a lesser risk than if it were confirmed that the PHI was acquired. In contrast, other factors such as whether the PHI was destroyed, shared with third parties, or reported to authorities do not directly assess the likelihood of compromise. These factors may provide context around the breach but do not effectively measure the immediate risk to the confidentiality and integrity of the information involved.