The term Protected Health Information (PHI) has its roots in the term “Individually Identifiable Information” that was first used in the context of privacy regulation in the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

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HIPAA explicitly defines this Information as “…any information, including demographic information collected from an individual, that–”(A) is created or received by a health care provider, health plan, employer, or health care clearinghouse; and ”(B) relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual, and–”(i) identifies the individual; or ”(ii) with respect to which there is a reasonable basis to believe that the information can be used to identify the individual.”

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Protected  Health Information takes that definition and applies and electronic twist to it. The Interim Final Rule on Breach Notification for Unsecured Protected Health Information on page 4 of the preamble defines protected health information as:  “individually identifiable health information held or transmitted in any form or medium by HIPAA covered entities and business associates, subject to certain limited exceptions”.

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“Subject to certain limited exceptions” can be interpreted to mean additional exclusions listed in Standards for Privacy of Individually Identifiable Health Information; Final Rule, 45 CFR Parts 160 and 164, ss 164.501. Exclusions as written are an employer in its role as a covered entity (covered entities are employers as well) and education records specified in the Family Education Rights and Privacy Act, 20 U.S.C. 1232g.