Part 3: The Hidden Threat Within — Preventing Employee HIPAA Violations

Every year, thousands of breaches occur not because of cyberattacks, but because employees access patient information they have no right to see. This practice, often called “snooping”, can destroy patient trust, lead to massive fines, and result in criminal charges.

Protecting data starts with recognizing that the biggest risks aren’t always external — they’re human.

What Is Employee Snooping?

“Snooping” refers to unauthorized access to a patient’s medical records by an employee who does not have a legitimate job-related reason to do so.

Common examples include:

• Looking up the chart of a celebrity or VIP patient out of curiosity.
• Checking a family member’s discharge summary to “see how they’re doing.”
• Accessing a coworker’s test results after hearing office gossip.

Even if the motive seems harmless, these actions are serious HIPAA violations. They can result in termination, fines, or jail time and they damage an organization’s culture of trust.

Real Cases, Real Consequences

To understand the impact of internal breaches, consider these real-world examples from enforcement records:

• Tennessee: A behavioral analyst was sentenced to 30 days in jail for accessing and stealing PHI from 300 patients.
• Florida: A clinic employee received four years in federal prison for selling patient data.
• New York: A hospital clerk and her co-conspirator received sentences of up to 7 years for illegally accessing and distributing patient records.

Each of these incidents began the same way: with a single employee violating the trust placed in them.

Why Snooping Happens

Understanding motivation is key to prevention. According to privacy officers and compliance research, unauthorized access often stems from:

• Curiosity: Interest in a high-profile or unusual patient case.
• Personal Concern: Genuine (but misplaced) worry for a friend or family member.
• Peer Pressure or Gossip: Conversations among staff about interesting cases.
• Financial Gain or Malice: Selling or exploiting PHI for profit or revenge.

The reasons vary, but the consequences do not. Snooping is treated the same as theft, and HIPAA penalties are severe.

How to Prevent Insider HIPAA Violations

A strong privacy culture doesn’t happen by accident. It’s built through deliberate, consistent effort.

Reinforce the “Minimum Necessary” Rule

Employees should only access the specific information required to do their job. Encourage the question:

“Do I need this information to perform my duties right now?”

Implement Role-Based Access Control (RBAC)

Limit system access based on job function. Review user permissions regularly, especially after role changes or department transfers.

Use Audit Logs and Monitoring

All access to PHI should be logged and reviewed. Automated alerts can flag unusual activity, such as an employee viewing dozens of charts in a short time or accessing records outside their unit.

Foster Open Reporting

Encourage employees to report privacy concerns without fear of retaliation. Create clear, confidential channels for compliance reporting.

Conduct Regular HIPAA Privacy Training

Training should go beyond annual checkboxes. Include scenario-based learning where staff practice real decision-making.

Creating a Culture of Privacy

Culture is the ultimate safeguard against insider breaches. When leadership sets the tone that privacy equals professionalism, employees follow suit.

Tips for leadership and compliance officers:

• Begin meetings with short “privacy moments.”
• Publicly celebrate staff who demonstrate compliance awareness.
• Make data privacy part of your organizational identity, not just a regulation.

The Role of Cyber and Privacy Insurance

Even with strong safeguards, insider incidents can happen. Cyber liability insurance and privacy breach coverage help organizations manage:

• Regulatory fines and penalties
• Patient notification and credit monitoring costs
• Forensic investigations and legal defense
• Public-relations support to rebuild trust

Key Takeaway

Technology can secure systems, but only people can protect trust.

At Leavitt Select Insurance, we help healthcare organizations integrate HIPAA compliance, employee training, and cyber insurance into one cohesive risk strategy. This helps prevent internal HIPAA violations before they occur.

Contact us today to schedule a free HIPAA and cyber risk review and take the next step toward building a privacy-first organization.