Comment by chimeracoder
8 years ago
> If anyone here is HIPAA-regulated or you have a customer who is
Cloudflare certainly does; I founded a health tech company, and Cloudflare was the recommended go-to for health tech startups who needed a CDN while serving PHI.
And this is definitely a reportable breach. Technically any breach is supposed to be reported to HHS, but in reality, a lot of covered entities (e.g. insurers) fail to report smaller breaches (which, as a patient, should terrify you). The big ones, though, are really, really bad, and when reported, the consequences can be very serious and potentially even include serving time, depending on the circumstances.
The reason I can be so confident that this is a reportable breach is that the definition of PHI is so broad that even revealing the existence of information between two known entities can be considered protected information. Anything more specific, like a phone number or DOB, or time of an appointment (even if you don't know who the appointment corresponds to) - that's always protected. And Cloudflare certainly has many of those.
Well HIPAA wouldnt allow your https traffic flow unencrypted through a shared proxy right? This means cloudflare couldnt offer that feature, so they probably didn't?
Just think about the HIPAA document describing a single endpoint of dozens of sensitive datastreams, decrypting and then encrypting them all on the same machine, a machine that does some random HTML parsing for snippet caching on the side.
I don't see that passing review, but perhaps I'm naieve..
From their blog post: https://blog.cloudflare.com/incident-report-on-memory-leak-c...
"Because Cloudflare operates a large, shared infrastructure an HTTP request to a Cloudflare web site that was vulnerable to this problem could reveal information about an unrelated other Cloudflare site."
You don't need to be using this feature, or to be sending malformed HTML yourself - just to be in memory for this Cloudflare process.
Apparently I was incorrect, and HIPAA does not require protected data streams to be isolated from each other. Perhaps I was confusing some other (European) regulation. For HIPAA it seems to be sufficient to promise that everything is secure, that you have documented everything and that you know what to do when stuff goes wrong.
So we should see very quickly that Cloudflare knows what to do when stuff goes wrong.
Why isn't the cloudflare encrypted with HTTPS??
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Does Cloudflare sign BAAs?
I've also been looking into the same question, and I don't see any external indication that they consider themselves a Business Associate as far as their policies go. I would argue, however, that CloudFlare is a BA by definition if an application is using any of the WAF or SSL proxy functionality.
We've been reaching out to a couple of vendors that do use the proxy functionality (given that the data spill could impact our clients as well). Hoping to resolve the BAA uncertainty in the process too.