Gmail Confidential Mode is a feature introduced by Google to enhance the security and privacy of email communications. It allows senders to protect sensitive information by applying specific restrictions and controls to their emails.
Gmail confidential mode is available in all Google Workspace editions.
Is Gmail confidential mode HIPAA compliant? Yes, based on our research, Gmail confidential mode can be HIPAA compliant.
Will Gmail confidential mode sign a business associate agreement (BAA)?
Being a product of Google Workspace, Gmail confidential mode will sign a business associate agreement, which can be reviewed here.
What does the Gmail confidential mode BAA cover?
Google Workspace BAA covers the use and disclosure of protected health information (PHI), stating “This BAA applies to the extent Customer is acting as a Covered Entity or a Business Associate to create, receive, maintain, or transmit PHI via a Covered Service and to the extent Google, as a result, is deemed under HIPAA to be acting as a Business Associate or Subcontractor of Customer.”
What does the Gmail confidential mode BAA exclude?
The Google Workspace BAA does not cover “(a) any other Google product, service, or feature that is not a Covered Service; or (b) any PHI that Customer creates, receives, maintains, or transmits outside of the Covered Services (including Customer’s use of its offline or on-premise storage tools or third-party applications).”
Conclusion
Gmail confidential mode signs a BAA and is therefore HIPAA compliant.
Learn more: HIPAA Compliant Email: The Definitive Guide
FAQS
What is a business associate agreement?
A business associate agreement (BAA) is a legally binding contract establishing a relationship between a covered entity under the Health Insurance Portability and Accountability Act (HIPAA) and its business associates. The purpose of this agreement is to ensure the proper protection of personal health information (PHI) as required by HIPAA regulations.
What is HIPAA?
The Health Insurance Portability and Accountability Act (HIPAA) sets national standards for protecting the privacy and security of certain health information, known as protected health information (PHI).
HIPAA is designed to protect the privacy and security of individuals’ health information and to ensure that healthcare providers and insurers can securely exchange electronic health information. Violations of HIPAA can result in significant fines and penalties for covered entities.
Who does HIPAA apply to?
HIPAA applies to covered entities, which include healthcare providers, health plans, and healthcare clearinghouses. It also applies to business associates of these covered entities. These are entities that perform certain functions or activities on behalf of the covered entity.
Tshedimoso Makhene
