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Social Networking: Managing the Risks and Realizing the ......Social Networking vs. Social...

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    Social Networking: Managing the Risks and Realizing the Benefits

    11th Annual Compliance & Ethics Institute

    Las Vegas, NV

    Jim Donaldson, M.S., MPA, CHC, CISSP, CIPP/US

    Director of Compliance, Privacy and Security Officer

    Baptist Health Care Corporation

    850-469-7773

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    Remember when it was simple?

    Remember when it was simple?

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    Remember when it was simple?

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    What’s on the Agenda?

    • Social Networking: What is it and why does it matter?

    • What are the risks and benefits of social networking in the workplace?

    • Establishing policy to address compliance and ethics concerns.

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    The Building Blocks behind

    Social Media/Networking

    Web 2.0The term Web 2.0 is associated with web applications that facilitate interactive systemic biases, interoperability, user-centered design,[1] and developing the World Wide Web. A Web 2.0 site allows users to interact and collaborate with

    each other in a social media dialogue as consumers of user-generated content in a virtual community, in contrast to

    websites where users (prosumers) are limited to the active viewing of content that they created and controlled.

    Examples of Web 2.0 include social networking sites, blogs, wikis, video sharing sites, hosted services, web applications,

    mashups and folksonomies.

    Source: http://en.wikipedia.org/wiki/Web_2.0

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    Social Networking vs. Social Networking Services/Media

    • Social Networking: A social network is a social structure made up of a set of actors (such as individuals or organizations) and the dyadic ties between these actors.

    • Social Networking Service: A social networking service is an online service, platform, or site that focuses on facilitating the building of social networks or social relations among people who, for example, share interests, activities, backgrounds, or real-life connections.

    Dual Processors at 1.5GHZ

    32GB Memory

    64GB Flash Storage

    2 cameras (front/rear)

    Weight – 5 ounces

    1080p HD Video Recording

    Sensors: Accelerometer, digital compass, proximity, gyro, barometer

    Single Core Processor at 1.7GHZ

    512MB Memory

    60GB Hard Drive

    Weight – 6.6lbs

    Battery Life – 2.5 hours

    In Just7 Years

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    Why it Matters

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    Why it Matters

    Technology Building Blocks:Electronic Mail – email or e-mail

    • Method of exchanging digital messages and attachments over computer networks and/or the Internet.

    • Currently, the most common method of business communications

    • Extensive data movement capacity compared to other digital communication methods (GB/TB)

    • Based on Store and Forward model. Utilizes mail servers.

    • First used in days of ARPANET (1973)

    • Simple Mail Transfer Protocol (SMTP) and Post Office Protocol (POP)

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    Text Messaging – Short Messaging Service (SMS)

    • Most widely used, Original texting technology Limited to 160 characters. - Remember Pagers? First SMS text message was sent over a wireless telephone network in 1992. (Just 20 Years ago)

    • Significant vulnerabilities including weak or no encryption, store and forward technology, not encrypted at rest.

    • Somewhat resilient – 911, Katrina – In many cases, texts went through while cellular traffic became unavailable.

    • Highly susceptible to organized intercept and disruption efforts. Recent Example: EGYPT

    • Syrian Conflict – Pictures and videos of atrocities

    Text Messaging – Multimedia Messaging Service (MMS)

    • Expands on SMS and allows for multimedia content to and from mobile devices.

    • As with SMS, MMS ties to web-based e-mail gateways and other e-mail services are common.

    • Content adaption is a challenge because of differing capabilities of end user devices. This is flattening quickly and becoming less of an issue.

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    Text Messaging – BlackBerry PIN Messing Service

    • Similar to SMS and MMS but proprietary to Research in Motion Devices (RIM) BlackBerrys.

    • Each RIM device has an 8 digit hexadecimal number that uniquely identifies the device. This is the PIN

    • Advantage – highly secure way to communicate between RIM devices. All communications are encrypted from transmission to receipt and on the device.

    • Disadvantage – proprietary to RIM and as of February, 2011, not compatible with iPhones, Droids, etc.

    Instant Messaging - IM

    • Similar to MMS/SMS and e-mail

    • Immediate real-time communications between two or more people.

    • Useful for alerts and status updates

    • May not use store and forward. If recipient isn’t logged into chat, message may be lost

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    Location Based Services - LBS

    • Information or entertainment service based on geographical information, latitude, longitude, (altitude, speed)

    • Most SmartPhones have GPS and other positioning capabilities – can acquire an accurate location simply from being turned on

    • When connected to a social network, can be used by one person or many people

    • Features in Facebook and other sites allow for automatic or manual ‘checking in’ notifications and tracking

    • If not managed, friends can ‘out’ each other by checking them in. Emergency Department example.

    Podcast

    • Broad term-usually associated with non-streamed media, Audio and Video

    • RSS Feeds can notify user of new content

    • Allows users to pull media for local viewing/listening or save the content for future use

    • Valuable training and education tool

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    Blog

    • Blend of the words ‘web’ and ‘log’

    • Website where a person or group of people maintain a regular commentary on a topic

    • Visitors can leave messages and comments adding to the discussion

    • Likely to have photos, video, etc. and links to other sites and information.

    • Microblogging is a form of blogging differing from traditional blogging because the content is smaller in content and file size.

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    Location Based Services – LBS FaceBook - Places

    Location Based Services – LBS – Google Latitude

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    GeoTagging

    • Process of adding geographical metadata to various media such as photographs, videos, websites, SMS messages

    • Similar to Location Based Services

    • First used with photographs

    • Can provide location evidence to an accuracy of inches.

    GeoTagging

    GeoTagged

    file

    Properties

    (metadata)

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    Really Simple Syndication (RSS) Feeds

    • Web feed formats used to frequently update information such as news, audio, video in a standardized format

    • Documents or content is called a ‘feed’

    • Allows users to subscribe to feeds and receive updates as they are pushed out

    Common RSSFeed Icon

    Really Simple Syndication (RSS) Feeds - JCAHO

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    Really Simple Syndication (RSS) Feeds - OIG

    Social Networking/Media• It’s COMPLICATED

    • It’s fun

    • It’s cheap and efficient

    • It’s fast

    • It’s not easy to control

    • It’s here to stay

    • It is and will continue to shape history

    • It will be heavily integrated into all industries including healthcare over time

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    Developing Policy

    National Labor Relations Act

    (Wagner Act)1935

  • 18

    NLRB Memorandums on

    Social Media Cases

    • Memorandum OM 11-74 (August 2011)

    • Memorandum OM 12-31 (January 2012)

    • Memorandum OM 12-59 (May 2012)

    Protected Concerted Activity

    • Protected Concerted Activity is a legal term used in labor policy to define employee protection against employer retaliation in the United States. It is a legal principle under the subject of the freedom of association.

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    National Labor Relations Act

    • Sec. 7. [§ 157.] Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section 8(a)(3) [section 158(a)(3) of this title].

    NLRB Legality TestFor workplace rules (Social Media Policy)

    • Does it explicitly restricts section 7 protected activities?

    • Would employees reasonably understand the language as prohibiting Section 7 activities?

    • Was it implemented in response to union activity?

    • Has it been applied to restrict Section 7 rights?

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    Examples from NLRB Analysis

    Examples from NLRB Analysis

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    Examples from NLRB Analysis

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    Jim Donaldson, M.S., MPA, CISSP,CIPP/US

    Director of Compliance, Privacy and Security Officer

    Baptist Health Care Corporation

    850-469-7773

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