HIPAA Privacy Rule: the Expert Determination method (45 CFR 164.514(b)(1))
The first route: a qualified expert judges, for a named or anticipated recipient, that the risk of identifying anyone is very small, and writes down how they reached that view.
Dated 17 Oct 2026Source checked 17 Oct 2026Basis: primary text
In the source's own words
“A person with appropriate knowledge of and experience with generally accepted statistical and scientific principles and methods for rendering information not individually identifiable: (i) Applying such principles and methods, determines that the risk is very small that the information could be used, alone or in combination with other reasonably available information, by an anticipated recipient to identify an individual who is a subject of the information; and (ii) Documents the methods and results of the analysis that justify such determination”
Where it was read
Also read from the same source
- HIPAA Privacy Rule: the de-identification standard (45 CFR 164.514(a))
- HIPAA Privacy Rule: the Safe Harbor method, whose identifiers must go (45 CFR 164.514(b)(2)(i))
- HIPAA Safe Harbor: geography and the three-digit ZIP rule (45 CFR 164.514(b)(2)(i)(B))
- HIPAA Safe Harbor: dates and ages over 89 (45 CFR 164.514(b)(2)(i)(C))
- HIPAA Safe Harbor: any other unique number, characteristic or code (45 CFR 164.514(b)(2)(i)(R))
- HIPAA Safe Harbor: the no actual knowledge condition (45 CFR 164.514(b)(2)(ii))
Figures it counts in
It is shown on its own, not counted into a figure.
Cited in this guide