HIPAA
US federal regulation for health information privacy and security
APRA CPS 234
Australian prudential standard for information security resilience
Quick Verdict
HIPAA governs US healthcare PHI privacy and security with OCR enforcement, while APRA CPS 234 mandates information security capabilities for Australian financial entities under board accountability. Organizations adopt HIPAA for patient trust and compliance, CPS 234 for prudential resilience.
HIPAA
Health Insurance Portability and Accountability Act of 1996
Key Features
- Mandates risk analysis and management for ePHI safeguards
- Extends direct liability to business associates via BAAs
- Presumes breaches requiring four-factor risk assessments
- Enforces minimum necessary standard for PHI disclosures
- Grants individuals rights to access and amend PHI
APRA CPS 234
APRA Prudential Standard CPS 234 Information Security
Key Features
- Board ultimate responsibility for information security
- Commensurate capability with threats and vulnerabilities
- Asset classification by criticality and sensitivity
- Systematic testing and independent assurance required
- 72-hour APRA notification for material incidents
Detailed Analysis
A comprehensive look at the specific requirements, scope, and impact of each standard.
HIPAA Details
What It Is
HIPAA (Health Insurance Portability and Accountability Act of 1996) is a US federal regulation with Privacy, Security, and Breach Notification Rules. It protects protected health information (PHI) for covered entities and business associates, balancing privacy with healthcare operations via a risk-based, scalable approach.
Key Components
- **Privacy RulePermitted/authorized uses, minimum necessary, patient rights.
- **Security RuleAdministrative, physical, technical safeguards for ePHI.
- **Breach Notification Rule60-day notifications post-unsecured PHI breaches. Centered on risk analysis; enforced by OCR, no formal certification.
Why Organizations Use It
Mandated for compliance, avoids penalties up to $2M annually. Enhances cyber resilience, vendor oversight, patient trust. Enables secure data flows, market differentiation.
Implementation Overview
Phased: assess risks, build safeguards/BAAs/training, assure via audits. Applies to healthcare providers, plans, vendors nationwide; ongoing program with 6-year documentation.
APRA CPS 234 Details
What It Is
APRA Prudential Standard CPS 234 (Information Security) is a binding prudential regulation issued by the Australian Prudential Regulation Authority, effective 1 July 2019. It mandates APRA-regulated entities like banks, insurers, and super funds to maintain information security capabilities commensurate with threats to protect confidentiality, integrity, and availability of information assets, including those managed by third parties. Its risk-based approach emphasizes governance, proportionality, and assurance.
Key Components
- **Governance and accountabilityBoard ultimate responsibility, defined roles.
- **Risk managementAsset classification by criticality/sensitivity, commensurate controls.
- **Testing and assuranceSystematic testing, independent internal audit.
- **Incident responseDetection mechanisms, response plans, APRA notifications (72 hours for material incidents, 10 days for weaknesses). No fixed controls; built on CIA triad principles with ~24 core requirements.
Why Organizations Use It
Mandatory for compliance to avoid penalties, remediation orders. Enhances operational resilience, reduces incident impacts, builds customer trust, enables better vendor terms, and supports market access.
Implementation Overview
Phased: gap analysis, policy framework, asset register, controls, testing, monitoring. Applies to all sizes of APRA entities in Australia; requires evidence-based assurance, no formal certification but APRA supervision.
Key Differences
| Aspect | HIPAA | APRA CPS 234 |
|---|---|---|
| Scope | PHI privacy, security, breach notification for ePHI | Information security capability, CIA for all assets |
| Industry | US healthcare providers, plans, associates | Australian financial services (banks, insurers) |
| Nature | Mandatory US federal regulation with OCR enforcement | Mandatory prudential standard with APRA supervision |
| Testing | Risk analysis, addressable safeguards, no fixed frequency | Systematic testing, annual reviews, independent assurance |
| Penalties | Civil monetary penalties up to $2M annually | Supervisory actions, remediation orders, no fixed fines |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about HIPAA and APRA CPS 234
HIPAA FAQ
APRA CPS 234 FAQ
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