The longest-standing U.S. deidentification rules are under HIPAA: the safe harbor method removes 18 identifiers and the expert determination method relies on expert risk analysis. Outside HIPAA, the FTC's three-part test (reasonable measures, public commitment, contractual prohibition) defines data not reasonably linkable.
How this supports CIPP/US study
Use this lesson to identify the legal source, actor, data and activity before applying a rule to a scenario. Continue with the CIPP/US study guide.
HIPAA deidentification methods
Method
Requirement
Safe harbor method
Remove 18 specific types of identifying information; ZIP codes no more specific than first three digits
Expert determination method
An expert determines and documents that the risk is very small that an anticipated recipient could re-identify an individual
FTC's three-part 'not reasonably linkable' test
Outside HIPAA, the FTC states data is not 'reasonably linkable' where a company: (1) takes reasonable measures to deidentify; (2) publicly commits not to try to re-identify; and (3) contractually prohibits downstream recipients from re-identifying. An FTC official also warned in 2022 that claims data is 'anonymous' are often deceptive.
Key terms - quick answers
What is “HIPAA”?
The Health Insurance Portability and Accountability Act, source of the longest-standing U.S. deidentification rules, concerning protected health information.
What is “Safe harbor method”?
A HIPAA deidentification method requiring removal of 18 specific types of potentially identifying information (e.g. ZIP codes no more specific than the first three digits).
What is “Expert determination method”?
A HIPAA deidentification method in which an expert determines and documents that the risk is very small that an anticipated recipient could identify an individual.
Sources and study method
This independent lesson uses active recall, spaced retrieval and scenario practice. Read the full study method.
