← HIPAA · Breach Notification Rule

164.404-410 — Breach notification to individuals, HHS and the media

critical breach-notificationincident-response

Requirement

Following the discovery of a breach of unsecured protected health information, notify each affected individual without unreasonable delay and no later than 60 days after discovery (§164.404); for a breach affecting more than 500 residents of a state or jurisdiction, also notify prominent media outlets (§164.406); notify HHS — within the same 60-day window for breaches affecting 500 or more individuals, and within 60 days of the end of the calendar year for smaller ones (§164.408). A business associate must notify the covered entity (§164.410).

What the engine looks for

Every group below must be satisfied — by an affirmative statement, not a plan, a hedge or a denial — for the control to count as covered. A term ending in … matches any word it begins. Supporting terms do not change the verdict — they raise confidence and distinguish a policy that names a mechanism from one that gestures at a category.

Required element 1 — any one of
breachbreach notificationincident involves personal dataincident involving personal datapersonal data incidentincident involves phiincident involving phiincident involving ephi
Required element 2 — any one of
60 daysixty daynotifynotification
Required element 3 — any one of
individualhhsmediacovered entityaffected
Supporting terms — specificity signals
risk assessmentfour factorunsecured phi500annual submissionbreach logwithout unreasonable delaytemplate
Contradiction markers

Finding any of these outranks coverage — a policy that admits the gap is worse than silence.

no breach notification process no breach log

Equivalent controls elsewhere

Matched on shared topics. Satisfying this control usually moves these too.

FrameworkControlTitleShared topics
GDPR Art.33 Notification of a breach to the supervisory authority breach-notification incident-response
SOC 2 CC7.4 Incident response programme incident-response breach-notification
PCI DSS 4.0.1 12.10 Incident response plan for suspected compromise of account data incident-response breach-notification
NIST CSF 2.0 RS.CO-02 Internal and external stakeholders are notified breach-notification incident-response
NDPA 2023 s.40 Personal data breaches: notification and breach records breach-notification incident-response
GDPR Art.34 Communication of a breach to data subjects breach-notification
SOC 2 CC7.3 Evaluation of security events incident-response
SOC 2 CC7.5 Recovery from identified incidents incident-response