GDPR & HIPAA – What’s Going On

I don’t know why, but people have asked me, several times, over the last couple of months, questions about GDPR and HIPAA. As I live in Sweden, I do have some insight into GDPR, especially since it sometimes touches on what I write about. But HIPAA. Didn’t have a clue until a few days ago, as it is a thing in the USA. Well, I looked into the topic, and here are a few insights.

The General Data Protection Regulation (GDPR) and the Health Insurance Portability and Accountability Act (HIPAA) are fundamental frameworks in the universe of data privacy and security. They are essential reference points for companies and organizations regarding the collection, storage, and processing of individuals’ personal data, but they cater to different domains and serve distinct purposes.

Understanding GDPR and HIPAA

GDPR, enacted by the European Union (EU), is a comprehensive data protection framework that harmonizes data privacy laws across Europe, protecting and empowering all EU citizens’ data privacy. It affects organizations worldwide that handle EU citizens’ personal data.

On the other hand, HIPAA is an American legislation that primarily focuses on protecting individuals’ medical information. It ensures the secure handling of protected health information (PHI) by healthcare providers, health plans, and healthcare clearinghouses, collectively known as covered entities, as well as their business associates.

Similarities Between GDPR and HIPAA

The primary similarity between GDPR and HIPAA lies in their foundational objective: data protection. Both frameworks safeguard individual personal information, albeit in different contexts.

Both GDPR and HIPAA require explicit consent from individuals before processing their data. They allow individuals to access their information and provide it in an understandable format. In addition, they both favor data minimization, meaning organizations should only collect and process data necessary for the intended purpose.

Moreover, GDPR and HIPAA demand that organizations take appropriate measures to ensure data security. They both have provisions regarding data breach notifications to affected individuals and specific authorities.

Differences Between GDPR and HIPAA

While similarities exist, GDPR and HIPAA’s differences are much more prominent, primarily due to the types of data they protect and their jurisdictional reach.

GDPR has a broader reach regarding the type of data it covers. It protects any information relating to an identifiable person, including name, identification number, location data, or online identifier. Conversely, HIPAA is more niche, protecting only PHI, which is health-related information that can be connected to a specific individual.

The geographical scope of these regulations also differs significantly. GDPR applies to any company worldwide that processes the personal data of EU residents. In contrast, HIPAA only applies within the United States and to organizations that handle PHI.

One notable difference between the two is the ‘Right to be Forgotten’, which is enshrined in the GDPR. This right allows EU citizens to have their personal data deleted under certain circumstances. HIPAA, however, does not offer this right.

Overlap and Contradictions

While GDPR and HIPAA cater to different scopes, their principles can overlap in specific areas, making it a challenging terrain to navigate.

For instance, a U.S. healthcare provider offering services to EU patients must adhere to GDPR for the patients’ data management while concurrently complying with HIPAA regulations for domestic operations. For such organizations, aligning their operations to fulfill both requirements becomes paramount, which can be a resource-intensive process.

While GDPR and HIPAA are generally harmonious, contradictions can arise. For instance, HIPAA allows healthcare providers to share PHI for healthcare operations, payment, and treatment purposes without patient consent. However, under GDPR, this would be considered a breach of the regulation, highlighting the need for organizations to carefully navigate these sometimes contradictory landscapes.

In conclusion, GDPR and HIPAA, though they serve different purposes and sectors, share a common goal of ensuring the privacy and security of personal data. Understanding the similarities, differences, and potential overlap between these two regulations is crucial for organizations operating in the international space, particularly within the healthcare sector. It is imperative for such organizations to conduct a thorough risk assessment and establish a well-defined data governance framework to ensure compliance with these regulations.

And to finish this off, please don’t make me look deeper into this. The subject is kinda dull and trust me, the law texts, annotations, and articles written about it, are even more so.