United States. Health data. Regulation

HIPAA Security RuleHIPAA Security Rule (45 C.F.R. Part 164 Subpart C)

In force

§1Summary

Synopsis

Requires covered entities and business associates to protect electronic PHI through administrative, physical and technical safeguards, based on a documented risk analysis. Many specifications are 'addressable', allowing risk-based alternatives.

Key themes
  • risk analysis
  • administrative safeguards
  • access controls
  • audit controls
  • encryption (addressable)
  • contingency planning
Unique features

Flexible, risk-based approach; the pending proposal would make encryption and MFA mandatory and require asset inventories and 72-hour restoration capability.

SaaS relevance

Cloud and SaaS business associates holding ePHI must run risk analyses and implement the safeguards themselves, not merely contractually.

§2Obligations

Extraterritorial
Limited
Breach notification
See HIPAA Breach Notification Rule
DPO
Yes
Cross-border transfers
None
Maximum penalty
As HIPAA Privacy Rule (tiered; ~$2.1m annual cap per provision)

§3Dates

Key dates
  • Adopted
  • In force
  • Compliance 2005-04-20 (small plans 2006); NPRM to overhaul the rule published 2025-01-06; HHS has moved final action to 'long-term actions' with target July 2027.

§4Text and authority

Text
Authority
HHS Office for Civil Rights (OCR)

§5Where it applies

Domestic law of
United States
Also applies in

§6Sources and verification

Verification

High confidence.

dpo_required Yes = mandatory security official. Proposed amendments were not finalised as of Oct 2026.