ø Privacy by Design · Open Loop Health
Privacy by Design protocol · v2.0 · for approval

Engineering attests.
Privacy verifies.
Every initiative.

A protocol that adds three structural moments of privacy oversight to every PHI-touching Epic — without adding friction on every ticket. Verified by privacy lead at predefined checkpoints, sampled in between, reassessed at 90 or 180 days. Implementable today; designed to scale with IRIS later.

Scope
Engineering, Product, Data, CS, Vendor Mgmt
Data covered
PII · PHI · 42 CFR Part 2 · MHMD Act
Model
Attestation + checkpoints + sampling
Decision needed
Approve protocol · IRIS later
Moment 01 · at Epic kickoff
01

Attestation.

The tech lead affirms — on the Epic itself, once, at design time — which PbD controls will be embedded in the work. Five fields. Two minutes. Captured as part of the same sprint planning that already happens.

Epic-level (not every ticket) One-time, at design Tech lead signs Triggers tier routing
DEMO 01.A An Epic with the attestation block

What the tech lead sees on every PHI-touching Epic. Controls in scope is a multi-select; checking the attestation box is what activates the rest of the protocol. The selected controls determine what the privacy lead verifies at checkpoints and reassessment.

OLH-EPIC-218 / Engineering / Patient Portal / Epic
In Progress

Caregiver proxy access & secure messaging — patient portal v3

Enable adult caregivers (with explicit patient consent) to view a limited subset of patient data — medication list, upcoming appointments, visit summaries — and send secure messages to the care team on behalf of the patient.

Includes new consent flow, Auth0 identity verification for the caregiver, and audit log capture of caregiver-mediated actions separate from the patient's own actions.

Attestation
This Epic has been attested. Submitted by Rosa Aldana (Engineering Lead) on May 12, 2026 · Tier HIGH · Reassessment due Aug 10, 2026.
Epic Owner
RA Rosa Aldana
Compliance Ticket
COMP-1142 · approved
Attestation
Confirmed Tech lead affirms controls below will be embedded.
Attested by
RA Rosa Aldana · 2026-05-12
Tier
HIGH New data sharing + auth change → HIGH automatically.
Controls in scope
Minimum necessary Access scoped No PHI in logs Audit log capture Consent flow 42 CFR Part 2 carve-out
Reassessment due
2026-08-10 · 90 days

New data sharing, new vendor, new system, or PHI+Sensitive categories (behavioral health, SUD, reproductive health, minors).

→ Attestation + kickoff checkpoint + pre-prod checkpoint + 90-day reassessment.

Routine PHI work: new features on existing data flows, refactors, UI changes, internal tooling.

→ Attestation + 10% random sampling within 30 days + 180-day reassessment of sampled subset.

Moment 02 · during execution
02

Privacy checkpoints.

Privacy lead reviews HIGH-tier Epics at three defined moments: kickoff to confirm the attestation makes sense, pre-production to verify the controls landed, and any time the Epic introduces a new vendor or data-sharing change. Targeted oversight where it matters most, not blanket review.

HIGH-tier only 3 defined moments Privacy lead owns ~30 min per checkpoint
DEMO 02.A A pre-production checkpoint ticket

Auto-created from the parent Epic's attestation when the Epic enters "Ready for Production" status. The privacy lead has 5 business days to complete it; the Epic cannot transition to "Live" until the checkpoint passes. This is the only hard gate in the protocol.

CHKPT-447 / Privacy Checkpoints / Pre-production
In Review

Pre-prod checkpoint — Caregiver proxy access (OLH-EPIC-218)

Rosa Aldana attested on 2026-05-12 that the following controls would be embedded in this Epic:

· Minimum necessary  ·  Access scoped  ·  No PHI in logs
· Audit log capture  ·  Consent flow  ·  42 CFR Part 2 carve-out

Reviewing each attested control before production go-live:

☑ Minimum necessary — confirmed: proxy view limited to meds, appts, visit summaries (last 12mo)
☑ Access scoped — confirmed: caregiver Auth0 role distinct from patient role; query layer enforces
☑ No PHI in logs — confirmed: sampled 3 service logs, all clean
☑ Audit log capture — confirmed: caregiver actions tagged with actor_type=proxy
☑ Consent flow — confirmed via product spec review & QA walkthrough
Pending: 42 CFR Part 2 carve-out — need to confirm BH/SUD encounters excluded at query layer, not just UI

Reviewer
MP Morgan Park
Checkpoint type
Pre-production
Parent Epic
Opened
2 business days ago · auto
SLA
5 business days · standard
Tier
HIGH
Blocks go-live?
Yes — until passed
CHECKPOINT 01

Kickoff

30-min conversation between privacy lead & tech lead within 5 days of attestation. Sanity-check the attested controls; flag anything missing before code is written.

CHECKPOINT 02

Pre-production

Hard gate. Privacy lead verifies each attested control is implemented before the Epic can transition to "Live." Pass / Pass with findings / Fail.

CHECKPOINT 03

Vendor / sharing change

Triggered by any new vendor, new BAA, or new external data flow added mid-Epic. Privacy lead reviews regardless of the original attestation tier.

Moment 03 · after delivery
03

Verification.

Reassessment confirms the attested controls are operating, not just designed. HIGH-tier Epics are reassessed at 90 days; STANDARD-tier Epics are sampled at 10% and reassessed at 180 days. Failed reassessments open remediation tickets with executive visibility.

90d for HIGH 180d for sampled STANDARD 10% random sampling Remediation on Fail
DEMO 03.A A 90-day reassessment

Auto-created 90 days after a HIGH-tier attestation. Pre-populates the controls the team committed to. Privacy lead spot-checks live behavior — sometimes a 15-minute conversation with the tech lead, sometimes by inspecting access logs or sampling production data flows.

REASSESS-89 / Privacy / Reassessments
In Review

90-day reassessment — Caregiver proxy access

Original Epic: OLH-EPIC-218 · attested 2026-05-12 by Rosa Aldana
Tier: HIGH · Reassessment due: 2026-08-10

Verifying each attested control is operating in production:

Minimum necessary — sampled 10 caregiver sessions; all returned only the attested data scope
Access scoped — caregiver role permissions reviewed; no privilege creep detected
No PHI in logs — automated log inspection (manual grep until IRIS is approved) found 0 violations
Audit log capture — proxy actions correctly tagged in 100% of sampled events
Consent flow — passing, but found 3 cases where caregiver permission persisted after patient deactivation. Opening follow-up.
42 CFR Part 2 carve-out — query layer enforces correctly

Outcome
Passed with findings
Follow-up ticket
PRIV-REM-22 · due 30 days
Reviewer
MP Morgan Park
Next reassessment
Not scheduled · re-evaluate after remediation
VERIFICATION COVERAGE · 30 DAYS
Sampling status
HIGH-tier Epics
6 of 6 · 100%
All checkpointed; 2 reassessments completed, 4 pending
STANDARD Epics sampled
3 of 24 · 12.5%
Target: 10% · current pace on track
OUTCOMES · 90 DAYS
14
Passed
3
w/ findings
0
Failed
CAPACITY · PRIVACY LEAD
Attestation triage~7.5 hrs/mo
Checkpoints (HIGH)~5 hrs/mo
Sampling audits~3 hrs/mo
Reassessments~5 hrs/mo
Admin & buffer~3 hrs/mo
Total estimate~24 hrs/mo

Designed to fit ~6 hrs/week of privacy lead time at 30+ Epics/month. Sampling rate adjusts up or down as capacity allows.

What's next · scaling the protocol

Sampling works at today's scale. IRIS is how we scale it.

The attestation protocol is implementable today using the privacy lead's capacity — manual checkpoints for HIGH-risk Epics, 10% sampling for STANDARD. But as engineering grows, sampling becomes the bottleneck. IRIS (built, awaiting approval) replaces sampling with continuous, automated detection. RETINA aggregates IRIS findings, Jira events, and checkpoint outcomes into one measurement layer.

Layer 01 · this proposal
Jira PbD
Attest · Checkpoint · Verify
The attestation protocol. Tech lead attests at Epic kickoff. Privacy lead checkpoints HIGH-tier Epics at defined moments and samples ~10% of STANDARD-tier Epics. Reassessment at 90 or 180 days confirms controls are operating. Implementable today using existing Jira and existing privacy lead capacity.
Role
Human governance & audit trail
Layer 02 · proposed next
IRIS
Intelligent Risk & Integrity Scanner
Static analysis on every PR. Rule packs for HIPAA, PCI, GLBA, WA MHMD Act, CA CCPA/CPRA, CO CPA, CT, VA, TX and OLH-specific patterns. Never ingests PHI — only inspects code patterns. Replaces sampling with continuous verification: every code change is checked against the attested controls.
Role
Continuous verification
Layer 03 · proposed next
RETINA
Privacy event aggregation
Receives IRIS findings, Jira attestation & checkpoint events, and reassessment outcomes into one normalized stream. Powers the program metrics dashboard, executive reporting, and turns the annual HIPAA Security Rule risk analysis into a query rather than a multi-week evidence-gathering exercise.
Role
Aggregation & measurement

Why we're not bundling these into one approval

Bundling makes the decision bigger than it needs to be. The protocol can ship on its own and start producing audit evidence within the first sprint. IRIS — once approved — strengthens the protocol but isn't required for it to function. Sequencing the approvals separately means Sr. Leaders get a small, low-risk decision now, and a larger, better-informed decision later (with real evidence from the protocol's first 60-90 days operating).

Approve the attestation protocol. 4–6 hours of Jira admin work to add fields, build the checkpoint automation, set up the reassessment cadence, and ship a 2-page policy doc. No new tooling. No new vendors. Existing privacy lead capacity.

Approve IRIS deployment. Separate business case. The 90-day reassessment data from the protocol's first quarter will tell us what IRIS would catch that manual sampling missed — making that approval decision evidence-based rather than speculative.

What we're asking

Approve the PbD attestation protocol.

The decision in front of you is whether to formalize how Open Loop's engineering teams attest to PbD controls and how privacy verifies them. The protocol uses Jira and your existing privacy lead capacity — no new vendors, no new licenses, no changes to IRIS or RETINA (both come back for separate approvals later). It is implementable within a sprint and produces audit evidence from day one.

# How to respond

Post your decision in #privacy on Slack. A short message is enough — for example:

Approve "Approved — ship the protocol."
With conditions "Approved with conditions — see thread."
Feedback / questions "A few questions before I sign off — see thread."

The privacy lead and engineering champion are subscribed to #privacy and will respond there.

What the protocol includes

  • Attestation on every PHI-touching Epic — five fields, signed by tech lead, captured at sprint planning.
  • Tier routing — HIGH-risk Epics (~20%) get full checkpoints; STANDARD Epics get attestation + sampling.
  • Three checkpoint types for HIGH-tier — kickoff, pre-production (hard gate), and vendor / sharing change.
  • 10% random sampling of STANDARD Epics within 30 days of attestation.
  • Reassessment at 90 days (HIGH) or 180 days (sampled STANDARD) — Pass / Pass with findings / Fail.
  • Failed reassessments open remediation tickets with executive visibility.
Open Loop Health · Privacy & Engineering · v2.0 · May 2026 Mockups · not production data