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HHS OCR guidance on de-identification (2012): data use agreements for de-identified data (HHS OCR, Guidance Regarding Methods for De-identification of PHI, 26 November 2012, section 3.9)

HIPAA does not require a contract for de-identified data, but a holder may and usually should ask the buyer to sign one banning re-identification.

Dated 17 Oct 2026Source checked 17 Oct 2026Basis: primary text

In the source's own words
“The Privacy Rule does not limit how a covered entity may disclose information that has been de-identified. However, nothing prevents a covered entity from asking a recipient of de-identified information to enter into a data use agreement, such as is required for release of a limited data set under the Privacy Rule. This agreement may prohibit re-identification.”
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