Use and disclosure of PHI, in any form.

The HIPAA Privacy Rule lives at 45 CFR Part 164, Subpart E. Where the Security Rule protects electronic PHI with administrative, physical, and technical safeguards, the Privacy Rule decides something different: when protected health information may be used and disclosed at all, in any form, paper, electronic, or spoken, and what rights individuals have over it.

The general rule is restrictive by default (45 CFR 164.502). A covered entity may not use or disclose PHI except as the rule permits or requires, or with the individual's written authorization. Almost everything below is either a named exception to that default or a control on how the exception is used.

One scoping note worth keeping in mind: information that has been de-identified under the rule's standard (45 CFR 164.514(a) and (b)) is no longer PHI, and the Privacy Rule no longer applies to it. De-identification done correctly is a legitimate way to take data out of scope.

Four obligations cover most of it.

If your program handles these four well, you have addressed the bulk of routine Privacy Rule compliance. Each maps to a specific section of the rule, and each is checked by the same skill: HIPAA Gap Analysis, control by control, with a coverage status, a confidence score, and the citation behind it.

164.506 / 164.512
Permitted uses

PHI may be used for treatment, payment, and health care operations without authorization (164.506), plus a defined set of public-interest disclosures the rule enumerates (164.512). Everything outside those lanes needs a closer look.

164.508
Authorizations

For uses beyond the permitted lanes, including most marketing and any sale of PHI, you need a valid written authorization with the specific elements the rule requires. Defective authorizations are a common finding.

164.502(b) / 164.514(d)
Minimum necessary

Limit PHI to the minimum necessary for the purpose. It applies to most uses and disclosures, with key carve-outs for treatment, disclosures to the individual, and disclosures under authorization.

164.520
Notice of Privacy Practices

Most covered entities must maintain and provide a Notice of Privacy Practices describing how PHI is used and the rights an individual holds. It is also the standard that moved most recently: an organization handling 42 CFR Part 2 records had a February 16, 2026 date to update its notice.

One piece of the 2024 amendments survived. Most did not.

The 2024 rule amending the Privacy Rule for reproductive health care privacy was vacated nationwide on June 18, 2025 in Purl v. U.S. Department of Health and Human Services (N.D. Tex.), on the ground that HHS had exceeded its statutory authority. The attestation requirement at 45 CFR 164.509, the reproductive health use and disclosure limits at 164.502(a)(5)(iii), and the notice changes that rulemaking introduced are no longer enforceable. A program that built policies and procedures to that rule is not carrying an obligation to keep them.

Vacatur and removal are separate steps, which is worth knowing before you go looking. The section numbers can still appear in published CFR text until HHS issues a document striking them, so finding 164.509 in the code is not evidence that it applies.

One piece of the same rulemaking survived, and its date has already passed. It added content covering 42 CFR Part 2 records to the Notice of Privacy Practices standard at 164.520, and the court left that part standing. An organization that creates, receives, maintains, or transmits Part 2 substance use disorder records needed an updated notice in place by February 16, 2026. Part 2 continues to restrict uses and disclosures of those records past what HIPAA alone permits, so the notice is the visible half of a larger overlap.

What individuals can require of you.

The Privacy Rule gives individuals enforceable rights over their information. The right of access in particular is one of the most frequently cited issues in OCR enforcement, so it is worth confirming your process actually works. Having a policy that mentions a right is not the same as a process that honors it on time. Each of these is checked by HIPAA Gap Analysis.

164.524
Access

Individuals may inspect and obtain a copy of their PHI, generally within 30 days and at a reasonable, cost-based fee.

164.526
Amendment

Individuals may request corrections to PHI they believe is inaccurate or incomplete, and you must respond within the rule's timeline.

164.528
Accounting of disclosures

Individuals may request an accounting of certain disclosures of their PHI outside treatment, payment, and operations.

164.522
Restrictions

Individuals may request restrictions on uses and disclosures, including a required restriction for items paid out of pocket in full.

The rule follows your data downstream.

If a vendor creates, receives, maintains, or transmits PHI on your behalf, it is a business associate, and the relationship has to run under a business associate agreement that meets 45 CFR 164.504(e). Business associates are also directly liable for certain Privacy Rule provisions, not just the terms of the contract.

In practice the exposure sits in the agreements you already signed. The required provisions are specific, and missing or weak language is common. A clause-level review against the 164.504(e) elements is the fastest way to see where a given BAA actually stands.

Common questions about the HIPAA Privacy Rule.

What is the difference between the HIPAA Privacy Rule and the Security Rule?

The Privacy Rule (45 CFR Part 164, Subpart E) governs how protected health information may be used and disclosed, in any form, and the rights patients have over it. The Security Rule (Subpart C) sets the administrative, physical, and technical safeguards for electronic PHI specifically. Most organizations need both: the Privacy Rule decides what you may do with PHI, and the Security Rule decides how you must protect the electronic copy of it.

What counts as protected health information under the Privacy Rule?

Protected health information is individually identifiable health information held or transmitted by a covered entity or business associate, in any form: paper, electronic, or oral. Information that has been de-identified under 45 CFR 164.514 is no longer PHI and falls outside the rule.

What is the minimum necessary standard?

For most uses and disclosures, the Privacy Rule requires you to limit PHI to the minimum necessary to accomplish the purpose (45 CFR 164.502(b) and 164.514(d)). Treatment, disclosures to the individual, and disclosures made under a valid authorization are key exceptions where the standard does not apply.

When do I need a patient authorization to use PHI?

You may use and disclose PHI for treatment, payment, and health care operations without authorization (45 CFR 164.506), and for a set of public-interest purposes the rule enumerates (164.512). For most other uses, including most marketing and any sale of PHI, you need a valid written authorization under 164.508.

What rights do patients have over their health information?

The Privacy Rule grants individuals the right to access and obtain a copy of their records (164.524), request amendments (164.526), receive an accounting of certain disclosures (164.528), request restrictions on uses and disclosures (164.522), and receive a Notice of Privacy Practices (164.520). The right of access is among the most-cited issues in OCR enforcement.

Does the HIPAA Privacy Rule apply to business associates?

Yes. Business associates are directly liable for certain Privacy Rule provisions and must operate under a business associate agreement that meets 45 CFR 164.504(e). A clause-level BAA review against those required provisions is the fastest way to see where a given agreement stands.

Is the 2024 reproductive health privacy rule still in effect?

No. It was vacated nationwide on June 18, 2025 in Purl v. U.S. Department of Health and Human Services (N.D. Tex.), which held that HHS exceeded its statutory authority. The attestation requirement at 45 CFR 164.509 and the reproductive health use and disclosure limits at 164.502(a)(5)(iii) are no longer enforceable, along with the notice changes that rule made. One piece of the same rulemaking survived: the Notice of Privacy Practices requirement covering 42 CFR Part 2 substance use disorder records.

Did the Notice of Privacy Practices have to change in 2026?

For organizations that create, receive, maintain, or transmit records subject to 42 CFR Part 2, yes. The 2024 rulemaking added Part 2 content to the notice requirement at 45 CFR 164.520, the Purl vacatur left that piece standing, and the compliance date was February 16, 2026. Organizations holding no Part 2 records were not affected by that change.

Primary source: 45 CFR Part 164, Subpart E (eCFR). This page is an operational explainer, not legal advice.

See where your Privacy Rule program stands.

The Self-Check is free and you run it yourself, in your own environment. It places your organization on the compliance maturity matrix and points to where your documentation is thin against the Privacy Rule and the rest of HIPAA.

Need this done rather than explained? Dan Gonzalez runs Dang's Solutions, the practice that delivers it.