Skip to main content
U.S. flag

An official website of the United States government

Here’s how you know

Dot gov

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

HTTPS

Secure .gov websites use HTTPS
A lock (LockA locked padlock) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

  • About HHS
  • Programs & Services
  • Grants & Contracts
  • Laws & Regulations
  • Radical Transparency
  • Big Wins
  • HIPAA for Individuals
  • Filing a Complaint
  • HIPAA for Professionals
  • Newsroom
Breadcrumb
  1. HHS
  2. HIPAA Home
  3. For Professionals
  4. FAQ
  5. 2054-Under the HIPAA Privacy Rule, do individuals have the right to an electronic copy of their PHI?
  • Authorizations (30)
  • Business Associates (41)
  • Compliance Dates (2)
  • Covered Entities (14)
  • Decedents (9)
  • Disclosures for Law Enforcement Purposes (5)
  • Disclosures for Rule Enforcement (1)
  • Disclosures in Emergency Situations (2)
  • Disclosures Required by Law (6)
  • Disclosures to Family and Friends (28)
  • Disposal of Protected Health Information (6)
  • Facility Directories (7)
  • Family Medical History Information (3)
  • FERPA and HIPAA (10)
  • Group Health Plans (3)
  • Incidental Uses and Disclosures (10)
  • Judicial and Administrative Proceedings (8)
  • Minimum Necessary (14)
  • Notice of Privacy Practice (20)
  • Preemption of State Law (10)
  • Privacy Rule: General Topics (12)
  • Protected Health Information (2)
  • Public Health Uses and Disclosures (13)
  • Research Uses and Disclosures (20)
  • Right to an Accounting of Disclosures (8)
  • Right to File a Complaint (1)
  • Right to Request a Restriction (4)
  • Safeguards (13)
  • Security Rule (24)
  • Smaller Providers and Businesses (145)
  • Student Immunizations (8)
  • Transition Provisions (3)
  • Treatment, Payment, and Health Care Operations Disclosures (30)
  • Workers Compensation Disclosures (5)
  • Limited Data Set (6)
  • Marketing (17)
  • Marketing - Refill Reminders (16)
  • Personal Representatives and Minors (12)
  • Right to Access and Research (58)
  • Mental Health (35)
  • Health Information Technology (41)
  • Telehealth (11)

Under the HIPAA Privacy Rule, do individuals have the right to an electronic copy of their PHI?

This guidance remains in effect only to the extent that it is consistent with the court’s order in Ciox Health, LLC v. Azar, No. 18-cv-0040 (D.D.C. January 23, 2020), which may be found at https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2018cv0040-51. More information about the order is available at https://www.hhs.gov/hipaa/court-order-right-of-access/index.html. Any provision within this guidance that has been vacated by the Ciox Health decision is rescinded.

Yes, in most cases. If the PHI is maintained by a covered entity electronically, an individual has a right to receive an electronic copy of the information upon request (assuming the covered entity does not have a ground for denial under 45 CFR 164.524(a)(2) or (a)(3)). The covered entity must provide the individual with access to the PHI in the electronic form and format requested by the individual, if it is readily producible in that form and format, or if not, in a readable alternative electronic format as agreed to by the individual and covered entity. See 45 CFR 164.524(c)(2)(ii). Where an individual requests access to PHI that is maintained electronically by a covered entity, the covered entity may provide the individual with a paper copy of the PHI to satisfy the request only in cases where the individual declines to accept any of the electronic formats readily producible by the covered entity.

If the individual requests an electronic copy of PHI that the covered entity maintains only on paper, the covered entity must provide the individual with the electronic copy if the copy is readily producible electronically (e.g., the covered entity can readily scan the paper record into an electronic format) and in the electronic format requested if readily producible in that format, or if not, in a readable alternative electronic format as agreed to by the covered entity and individual. If the copy is not readily producible in electronic form, or the individual declines to accept the electronic format(s) readily producible by the covered entity, then a readable hard copy of the PHI may be provided to satisfy the access request. See 45 CFR 164.524(c)(2)(i).

Content created by Office for Civil Rights (OCR)
Content last reviewed January 31, 2020
Back to top

Subscribe to Email Updates

Receive the latest updates from the Secretary and Press Releases.

Subscribe
  • Contact HHS
  • Careers
  • HHS FAQs
  • Nondiscrimination Notice
  • Press Room
  • HHS Archive
  • Accessibility Statement
  • Privacy Policy
  • Budget/Performance
  • Inspector General
  • Web Site Disclaimers
  • EEO/No Fear Act
  • FOIA
  • The White House
  • USA.gov
  • Vulnerability Disclosure Policy
HHS Logo

HHS Headquarters

200 Independence Avenue, S.W.
Washington, D.C. 20201
Toll Free Call Center: 1-877-696-6775​

Follow HHS

Follow Secretary Kennedy