Cameron Miranda
India does not have a HIPAA law, but it does have the proposed Digital Information Security in Healthcare Act (DISHA) which is similar to HIPAA in that they both regulate personal health data. DISHA has not yet been officially adopted, but it or a similar health data protection law are likely to pass in the near future. In the meantime, HIPAA compliance in India is crucial for healthcare organizations to safeguard patient data and maintain trust. This can be challenging due to cultural and linguistic barriers, technological limitations, limited awareness, and cost implications. However, it also presents significant opportunities for Indian healthcare providers, such as enhancing data security and improving the level of service provided to patients.
| Characteristics | Values |
|---|---|
| India's law on data protection in healthcare | Digital Information Security in Healthcare Act (DISHA) |
| DISHA's adoption status | Not officially adopted |
| DISHA's purpose | Facilitate electronic health data privacy, confidentiality, security, and standardization |
| DISHA's regulated information | Digital Health Data (DHD) and associated personally identifiable information (PII) |
| DISHA's provision of patient rights | Right to privacy, confidentiality, and security of digital health data; Right to give, refuse, or withdraw consent for the generation, collection, storage, and transmission of digital health data; Right to refuse consent to the access or disclosure of digital health data; Right to know the clinical establishments or entities that have access to the data |
| India's data protection law | Digital Personal Data Protection Act |
| India's compliance with HIPAA | Crucial standard that healthcare organizations must adhere to |
| Call centers' compliance with HIPAA | Compliance with the HIPAA Security Rule |
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What You'll Learn
India's Digital Information Security in Healthcare Act (DISHA)
India does not have HIPAA laws, but it does have its own version of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) of the United States, known as the Digital Information Security in Healthcare Act (DISHA).
The Digital Information Security in Healthcare Act (DISHA) is a proposed Indian healthcare data security law formulated in 2018 by the Ministry of Health and Family Affairs. The DISHA bill was released for public consultation, with the goal of safeguarding individuals' personal data and overseeing and controlling digital personal data in the healthcare sector.
The proposed law seeks to establish a National Digital Health Authority and Health Information Exchanges. DISHA will regulate the generation, collection, access, storage, transmission, and use of digital health data (DHD) and associated personally identifiable information (PII). It will also provide owners of digital health data with rights to privacy, confidentiality, and security. This includes the right to give or refuse consent for the generation, collection, storage, and transmission of their data, as well as the right to know which entities have access to their data.
DISHA places significant restrictions on the use of digital health data and gives individuals control over their data. It enables the digital sharing of individual health records with hospitals and clinics, as well as between healthcare providers. The act also allows de-identified and anonymized data to be used for public health purposes, including research, early disease identification, and prevention.
While DISHA has not yet been officially adopted, it or a similar health data protection law is likely to be passed in the near future.
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HIPAA compliance in India
India does not have HIPAA laws, but the country has proposed a similar law called the Digital Information Security in Healthcare Act (DISHA). The purpose of DISHA is to facilitate electronic health data privacy, confidentiality, security, and standardization. It seeks to establish a National Digital Health Authority and Health Information Exchanges.
Despite the lack of official HIPAA laws in India, many companies in the country may still need to comply with HIPAA regulations. This is because HIPAA applies to any business that works with protected health information (PHI), regardless of its location. PHI is any ""individually identifiable health information"" and includes electronic PHI (ePHI). As such, software developers in India who create software for healthcare organizations and have contact with PHI are considered business associates under HIPAA and must be HIPAA-compliant.
To become HIPAA-compliant in India, companies must implement an effective compliance program and have the documentation to prove that their program meets the standards set by the Department of Health and Human Services (HHS). There is no such thing as a HIPAA certification, so companies must focus on implementing the necessary safeguards and policies to protect PHI. This includes conducting annual employee training on HIPAA basics, cybersecurity, and the proper use of social media.
Additionally, as a business associate, the HHS requires companies to conduct five self-audits annually to assess their administrative, physical, and technical safeguards for protecting PHI. If gaps are identified in these safeguards, remediation efforts must be implemented to address them. Before sharing PHI with another organization, a vendor questionnaire must be used to vet their safeguards, and a HIPAA Business Associate Agreement (BAA) must be signed by both parties to ensure they maintain their HIPAA compliance. In the event of a breach affecting PHI, it is crucial to report the incident in a timely manner.
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India's Digital Personal Data Protection Act
India does not have HIPAA laws. However, the country has been working on its own health data protection law, the Digital Information Security in Healthcare Act (DISHA), which has many similarities with HIPAA. DISHA seeks to establish a National Digital Health Authority and Health Information Exchanges, with a focus on electronic health data privacy, confidentiality, security, and standardization. While DISHA has not yet been officially adopted, it or a similar law are expected to be passed in the near future.
In the meantime, India's Digital Personal Data Protection Act (DPDPA), passed in 2023, provides a framework for the processing of digital personal data, recognizing individuals' rights to protect their personal information while also acknowledging the need to process such data for lawful purposes. This act is the first cross-sectoral law on personal data protection in India and was enacted after over half a decade of deliberations.
The DPDPA establishes the rights and obligations of individuals regarding their personal data. These include the right to know who has accessed their data, the right to correct or update their data, and the right to withdraw consent for data processing. The act also introduces financial penalties for breaches of rights and obligations.
The DPDPA defines entities responsible for collecting, storing, and processing digital personal data as data fiduciaries, outlining their obligations. These obligations include maintaining security safeguards, ensuring data accuracy and consistency, and notifying the Data Protection Board of India (DPB) of any data breaches.
Additionally, the DPDPA addresses the processing of personal data of individuals outside India's territory, outlining specific scenarios where such processing may be necessary, such as in the case of financial defaults or mergers and acquisitions. Overall, the DPDPA aims to balance the protection of personal data with the lawful processing needs of organizations, with similarities to the European Union's General Data Protection Regulation (GDPR).
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India's healthcare industry and cyberattacks
India's healthcare sector is facing an alarming number of cyberattacks, with a report from January 2025 revealing that the industry experiences 8,614 cyberattacks per organisation each week. This is more than four times the global average and over double the rate of any other sector in India.
The healthcare sector in India is an attractive target for cybercriminals due to its reliance on outdated legacy technology, which has limited financial resources to upgrade security. Small to medium-sized companies are especially vulnerable, as they have relatively weaker security infrastructure and limited access to fully-staffed security operations centres (SOCs).
The most common types of cyberattacks on India's healthcare industry include:
- Ransomware: Attackers use ransomware to knock critical systems offline, which can have life-threatening consequences for patients.
- Email-based attacks: Malicious files delivered via email accounted for 63% of attacks. These often involve spoofing email addresses and using weaponized content to spread malware, steal credentials, and execute social engineering attacks.
- Malware: The most prevalent types of malware in India include Remote Access Trojans (RATs), infostealers, ransomware, and botnets.
- Distributed Denial of Service (DDoS) attacks: Small and medium-sized entities in the healthcare sector experienced 236% more DDoS attacks than larger organisations.
- Medical IoT device attacks: Medical IoT devices are attractive targets for threat actors due to their historically weak security measures. A breach of these devices could result in patient data theft or even the stopping of critical equipment like heart monitors.
To mitigate these cyber threats, India is considering implementing the Digital Information Security in Healthcare Act (DISHA). DISHA aims to establish a National Digital Health Authority and Health Information Exchanges to regulate the generation, collection, access, storage, transmission, and use of digital health data and associated personally identifiable information (PII). While DISHA has not yet been officially adopted, it is likely that India will pass a similar health data protection law in the near future.
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HIPAA-compliant texting solutions
India does not have HIPAA laws, but the country has proposed the Digital Information Security in Healthcare Act (DISHA) which is similar to HIPAA. DISHA seeks to establish a National Digital Health Authority and Health Information Exchanges to facilitate electronic health data privacy, confidentiality, security, and standardization. DISHA will regulate the generation, collection, access, storage, transmission, and use of digital health data and associated personally identifiable information (PII).
To prepare for the impending Indian health data law, healthcare organizations can adopt HIPAA-compliant texting solutions. Here are some features and benefits of HIPAA-compliant texting platforms:
- Secure Platform: HIPAA-compliant texting solutions provide a secure platform for authorized users to access and communicate protected health information. These platforms ensure that data is encrypted and transmitted within a defined private network.
- User Authentication: To access the secure messaging platform, authorized users must authenticate their identities using unique credentials such as usernames and PINs. This ensures that only authorized individuals can view and share sensitive patient data.
- Administrative Controls: The platforms include administrative features that help maintain the integrity of patient data. These controls enable organizations to manage user access, monitor activity, and enforce data handling protocols.
- Easy Implementation: HIPAA-compliant texting solutions can often be integrated with existing office phone lines and mobile devices. This allows healthcare providers to communicate with patients and colleagues using their preferred devices while maintaining compliance.
- Improved Patient Experience: HIPAA-compliant texting can streamline patient communication, reducing the time spent on phone calls and improving response rates. Patients can conveniently receive appointment reminders, referrals, and secure video visit links via text, enhancing their overall experience.
Examples of HIPAA-compliant texting solutions include OhMD, TigerConnect, and Google Voice with the BAA agreement. These platforms offer features such as two-way texting, file sharing, appointment reminders, and integration with electronic health record systems.
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Frequently asked questions
India does not have HIPAA laws, but healthcare organizations in the country must adhere to HIPAA compliance standards to safeguard patient data and maintain trust.
HIPAA compliance in India ensures the security of data in the healthcare industry by defining sets of rules and regulations.
HIPAA compliance in India gives healthcare providers a competitive advantage by safeguarding the privacy and security of its clients' sensitive health information (PHI).
