Information about what is considered protected health information





 

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Simplification Statute and Rules > Breach Notification Rule

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Guidance to Render Unsecured Protected Health Information Unusable,
Unreadable, or Indecipherable to Unauthorized Individuals
===================================================================

Protected health information (PHI) is rendered unusable, unreadable,
or indecipherable to unauthorized individuals if one or more of the
following applies:
1. Electronic PHI has been encrypted as specified in the HIPAA
Security Rule by “the use of an algorithmic process to transform data
into a form in which there is a low probability of assigning meaning
without use of a confidential process or key” (45 CFR 164.304
definition of encryption) and such confidential process or key that
might enable decryption has not been breached. To avoid a breach of
the confidential process or key, these decryption tools should be
stored on a device or at a location separate from the data they are
used to encrypt or decrypt. The encryption processes identified below
have been tested by the National Institute of Standards and Technology
(NIST) and judged to meet this standard.

(i) Valid encryption processes for data at rest are consistent with
NIST Special Publication 800-111, Guide to Storage Encryption
Technologies for End User Devices.1
(ii) Valid encryption processes for data in motion are those which
comply, as appropriate, with NIST Special Publications 800-52,
Guidelines for the Selection and Use of Transport Layer Security (TLS)
Implementations; 800-77, Guide to IPsec VPNs; or 800-113, Guide to SSL
VPNs, or others which are Federal Information Processing Standards
(FIPS) 140-2 validated.

2. The media on which the PHI is stored or recorded has been destroyed
in one of the following ways:
(i) Paper, film, or other hard copy media have been shredded or
destroyed such that the PHI cannot be read or otherwise cannot be
reconstructed. Redaction is specifically excluded as a means of data
destruction.

(ii) Electronic media have been cleared, purged, or destroyed
consistent with NIST Special Publication 800-88, Guidelines for Media
Sanitization such that the PHI cannot be retrieved.
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  1. NIST Roadmap plans include the development of security guidelines for enterprise-level storage devices, and such guidelines will be considered in updates to this guidance, when available.
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