Lost Backup Tapes

Lost backup tapes that contains information on approx. 1.6 million patients from Nemours. Below is a link to the story and I find this quote pretty interesting:

"You'd need a highly specialized and trained expert and equipment to access this information," Grabusky said. "It's like playing an eight-track tape on an iPod."

Any type of priopriety format that may make it difficult to retrieve the information does mean encrypted and would achieve safe harbor from breach notification as I've heard discussed in the past by OCR.
Definitely will be an interesting one to watch.

http://www.delawareonline.com/article/20111013/BUSINESS13/110130347/Nemours-patient-data-tapes-missing?odyssey=tabtopnewstextHome
Written by
ERIC RUTH
The News Journal

Military health plan breach affects 4.9 million

Loss of unencrypted backup tape results in one of the largest breaches on record. It’s also interesting that TRICARE concluded that the risk of harm to patients is judged to be “low”. If that’s really the case, then why report the breach in the first place? Just a rhetorical question. I think we all know the answer to that!
Backups are a common risk that I find at many practices when helping providers with their security risk assessments. Very rarely are backup devices (tapes, USB devices, etc.) encrypted and usually just goes home with the Office Manager or other staff when taken offsite. Utilizing encryption really isn't as hard as it sounds. Most backup software products have encryption capabilities that only needs configured and applied to the backup job.

http://blogs.hcpro.com/hipaa/2011/09/military-health-plan-breach-affects-4-9-million/
Military health plan breach affects 4.9 million
By Dom Nicastro