| What the data is called | Protected health information held by covered entities and business associates | Personal data processed by a data fiduciary, with health data treated as sensitive in practice and under sectoral rules | Special-category personal data under Article 9 |
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| Basis for processing | Permitted uses for treatment, payment and operations; authorisation needed beyond those | Consent-centric, with limited legitimate uses. Notice must be itemised and available in scheduled languages | A lawful basis under Article 6 plus a separate Article 9 condition, commonly healthcare provision or explicit consent |
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| Consent mechanics we must build | Authorisation records with scope and expiry; accounting of disclosures | Granular, purpose-bound, withdrawable consent with a record per purpose, and Consent Manager interaction under ABDM | Freely given, specific, informed, unbundled, withdrawable, with proof of what was shown at the time |
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| Data residency | No general localisation mandate. Contractual and state-law constraints apply | Transfers permitted except to restricted countries as notified; sectoral localisation may bite. We default to Indian regions for Indian patients | Transfers outside the UK or EEA need adequacy, an approved transfer mechanism and a transfer risk assessment |
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| Subject rights to implement | Access, amendment, accounting of disclosures, restriction requests | Access, correction, erasure, grievance redressal, nomination | Access, rectification, erasure, restriction, portability, objection, plus rules on automated decisions |
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| Breach notification shape | Individuals and HHS, with thresholds and timing rules; media notice above 500 individuals in a state | Notify the Data Protection Board and affected data principals as prescribed | 72 hours to the supervisory authority where notifiable; individuals when high risk |
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| Retention posture | Driven by state medical record retention laws rather than HIPAA itself | Erase when the purpose is served, subject to legal retention | Storage limitation; retention justified per purpose and enforced automatically |