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Thom GannFlag for United States of America

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Does Exchange 2007 with an SSL certificate (3rd party verification not self-generated) encrypt in order to use a fax server with Exchange that contains PHI?

We have a fax server that does not have IIS and is behind a firewall. Our Exchange server (which does have IIS and also behind the firewall) is covered by our SSL for the OWA and ActiveSync. I want to have the fax server integrate with Exchange in order to help us work towards having a smaller paper footprint. Our faxes contain PHI from insurance companies and medical facilities. I know that Outlook 2007 and Exchange OWA "encrypt" email if directed through port 443 but is it safe for sending faxes through the system or does it violate HIPAA?
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Dave Howe
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the fax server should be using SMTP (not owa) to send the email - the encrypted form (called smtps or smtp/tls) is fully supported on 2007 and in fact can be enforced (rejecting non-TLS mail on that listener; you would probably want to set up such an enforcing listener specifically for this task)
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The fax server does use SMTP but the HIPAA violation would come when someone opens their email on a PDA or OWA because then the email with the fax attachment would be vulnerable. It is for this instance that I am trying to research to what degree the SSL encrypts the email. If it does not keep it contained in encrypted format no matter the access point then I will not able to move to a fax server solution with Exchange, rather a folder delivery which defeats the entire purpose. I do appreciate your feedback.
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Dave Howe
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Everything is now over HTTPS and the backups are not an issue as they are completely inhouse and not available outside of IT. Thank you for the help.