164.512(f)(3)·medium·Component: Privacy RuleWhat this control requires
Permitted disclosure: Victims of a crime. Except for disclosures required by law as permitted by paragraph (f)(1) of this section, a covered entity may disclose protected health information in response to a law enforcement official's request for such information about an individual who is or is suspected to be a victim of a crime, other than disclosures that are subject to paragraph (b) or (c) of this section, if: (i) The individual agrees to the disclosure; or (ii) The covered entity is unable to obtain the individual's agreement because of incapacity or other emergency circumstance, provided that: (A) The law enforcement official represents that such information is needed to determine whether a violation of law by a person other than the victim has occurred, and such information is not intended to be used against the victim; (B) The law enforcement official represents that immediate law enforcement activity that depends upon the disclosure would be materially and adversely affected by waiting until the individual is able to agree to the disclosure; and (C) The disclosure is in the best interest of the individual as determined by the covered entity, in the exercise of professional judgment.
In plain English
Permitted disclosure: Victims of a crime. In practice, this means you can prove you information management-level controls on a defined cadence.
Why it matters
HIPAA non-compliance is a strict-liability matter: OCR civil monetary penalties are assessed per-record per-violation (up to USD 1.9 million per identical-violation calendar year as of 2024), and willful neglect can trigger criminal referral.
What an auditor looks for
HHS OCR investigators and SOC-2+HIPAA auditors look for the specific 45 CFR § citation, whether the safeguard is required vs addressable (and if addressable, the documented decision), the implementation specification, the workforce member responsible, and the records that show it runs.
Within Privacy Rule, the assessor will trace your implementation back to the catalogue reference (§ 164.512(f)(3)) and look for objective evidence on the latest two assessment cycles.
How to implement
Policy Management
Docs. Keep each policy in version-controlled Markdown alongside the code that implements it; ship a signed PDF snapshot at each annual review and link the SHA into the SoA.
Operational checklist
- Information. Document the trigger, the owner and the cadence.
- Person. Document the trigger, the owner and the cadence.
- Other. Document the trigger, the owner and the cadence.
- Policy. Document the trigger, the owner and the cadence.
- Law. Document the trigger, the owner and the cadence.
- Scope: management, policy, i, obtain, section, activity, law enforcement purposes, b.
Evidence to collect
- Policy Document. A signed and version-controlled policy / standard / procedure document.
Signed policy or standard documents the safeguard. Focus: Disclosures for law enforcement purposes- PHI of a possible victim of a crime.
Common pitfalls
- Policies that no engineer has read; the version in Confluence drifts from the version that's actually being enforced.
How it maps to other frameworks
Computed from shared tags, control component and key-operation subjects — handy when you are reconciling controls across an audit.
- NIST SP 800-53 Rev. 5 PT-7(2) — First Amendment Information
- BSI C5:2020 SP-01 — Documentation, communication and provision of policies and instructions
Related controls in HIPAA (45 CFR Part 164)
- § 164.512(f)(5) — Disclosures for law enforcement purposes: crime on premises
- § 164.512(f)(4) — Disclosures for law enforcement purposes- an individual who has died as a result of suspected criminal conduct
- § 164.512(f)(6) — Disclosures for law enforcement purposes
- § 164.510(a)(3) — Uses and Disclosures for Facility Directories in Emergency Circumstances
- § 164.512(a) — Uses and disclosures required by law
- § 164.530(d)(2) — Complaints to the Covered Entity
References
- U.S. HHS Office for Civil Rights — HIPAA (45 CFR Part 164)
- Catalogue identifier:
§ 164.512(f)(3)
Topics: governance riskpolicy management