HIPAA
US federal regulation for health information privacy security
COPPA
U.S. regulation protecting children under 13 online privacy
Quick Verdict
HIPAA mandates privacy/security for healthcare PHI via risk-based safeguards, while COPPA requires parental consent for kids' online data. Organizations adopt HIPAA for legal compliance in health, COPPA to avoid massive FTC fines in child-directed digital services.
HIPAA
Health Insurance Portability and Accountability Act of 1996
Key Features
- Risk-based flexible safeguards for electronic PHI
- Minimum necessary standard for PHI disclosures
- TPO disclosures permitted without authorization
- Direct business associate liability via BAAs
- Presumption-of-breach with four-factor assessment
COPPA
Children's Online Privacy Protection Act (COPPA)
Key Features
- Mandates verifiable parental consent for child data collection
- Protects children under 13 from online privacy risks
- Applies to child-directed websites, apps, and operators
- Broad PII including geolocation, persistent IDs, multimedia
- Enforces parental access, review, deletion rights
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 comprising Privacy, Security, and Breach Notification Rules. It protects individuals' protected health information (PHI) while enabling care flows, using a risk-based, scalable, technology-neutral approach for covered entities and business associates.
Key Components
- **Privacy RulePermitted/authorized PHI uses/disclosures, minimum necessary, patient rights (access, amendment).
- **Security RuleAdministrative, physical, technical safeguards for ePHI; risk analysis core.
- **Breach Notification Rule60-day notifications, presumption-of-breach. Enforced by OCR; no certification, but documented compliance required.
Why Organizations Use It
- Mandatory for healthcare providers, plans, clearinghouses, vendors handling PHI.
- Avoids multimillion penalties, criminal liability.
- Builds cyber resilience, patient trust, secure vendor chains.
- Enables TPO data flows, market differentiation.
Implementation Overview
Phased: risk assessment, safeguard deployment (policies, training, BAAs), continuous monitoring. Applies nationwide to varying sizes; involves audits, 6-year documentation retention.
COPPA Details
What It Is
Children's Online Privacy Protection Act (COPPA) is a U.S. federal regulation enacted in 1998, effective April 2000, enforced by the FTC. It protects children under 13 from unauthorized online personal data collection by commercial websites, apps, and services directed to kids or with actual knowledge of child users. Employs a control-based approach emphasizing parental consent and data limits.
Key Components
- Verifiable parental consent (VPC) via 11+ methods (e.g., credit card, video call).
- Clear privacy policies and notices.
- Parental access, review, deletion rights.
- Data security, minimization, and retention rules.
- Broad PII definition (names, geolocation, persistent IDs). Compliance via FTC oversight or safe harbor programs.
Why Organizations Use It
- Avoids fines up to $43,792/violation (e.g., YouTube $170M).
- Builds parental trust and reputation.
- Manages privacy risks in edtech, gaming.
- Meets legal obligations for child-focused ops.
Implementation Overview
- Analyze audience for child appeal.
- Deploy age gates, VPC, policies.
- Secure data, train staff, audit. Applies globally to U.S.-targeting commercial operators; no certification but safe harbors audited.
Key Differences
| Aspect | HIPAA | COPPA |
|---|---|---|
| Scope | PHI privacy, security, breach notification for health info | Children's personal data collection online under 13 |
| Industry | Healthcare providers, plans, business associates (US) | Online services, apps targeting or knowing children (US/global) |
| Nature | Mandatory regulations enforced by OCR/HHS | Mandatory FTC regulation with parental consent focus |
| Testing | Risk analysis, audits, continuous monitoring | Verifiable parental consent, self-regulatory safe harbors |
| Penalties | Civil penalties up to $2M annually, OCR settlements | Up to $43,792 per violation, FTC fines |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about HIPAA and COPPA
HIPAA FAQ
COPPA FAQ
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