Federal laws

GLBA Safeguards Rule and HIPAA: Rules and Numbers

See what the FTC Safeguards Rule and HIPAA require, with rules tables, breach deadlines, 2025 HIPAA penalty tiers and recent changes for small businesses.

Last reviewed October 29, 2026 · General information, not legal advice

General information only, not legal advice. CPA Tax Payroll and Accounting Corp is a CPA firm, not a law firm. Laws change: confirm with the official source or a licensed attorney before you act. Read the full notice.

These are the requirements, numbers and dates for the FTC Safeguards Rule and HIPAA. See the overview for coverage and the checklist for steps.

What the law requires

Safeguards Rule: tax preparers and other non-bank financial firms

RequirementIn plain wordsSection
Qualified IndividualSomeone runs the program; an outside provider is allowed, but the firm stays responsible314.4(a)
Risk assessmentAssess risks to customer data and repeat it; written unless under 5,000 consumers314.4(b)
SafeguardsLimited access, data inventory, encryption or approved alternatives, multi-factor authentication, activity logs314.4(c)
DisposalDispose of customer data within two years of last use, unless a business, legal or practical need exists314.4(c)(6)
TestingContinuous monitoring, or yearly penetration tests plus scans every six months314.4(d)
Training and vendorsStaff training; vendors chosen with care and bound by contract314.4(e), (f)
Response planA written incident plan and a yearly written report to the board or senior officer314.4(h), (i)
FTC breach noticeReport breaches of unencrypted data on 500 or more consumers314.4(j)

IRS guidance adds a written security plan for tax preparers (Publication 5708); see identity theft and the IRS.

HIPAA: covered entities and business associates

RequirementIn plain wordsSection
Privacy dutiesCovered entities name a privacy official, train staff, give a privacy notice and answer access requests within 30 days164.530, 164.520, 164.524
Risk analysisA documented, accurate and thorough risk analysis, then a risk management plan164.308(a)(1)(ii)
Business associate agreementSigned before PHI is shared, including with subcontractors164.502(e), 164.504(e)
RecordsDocumentation kept 6 years164.316(b)(2), 164.530(j)

Key numbers and dates

ItemAmount or dateYear in forceSource label
Safeguards reliefFewer than 5,000 consumers excuses four items202616 CFR 314.6
FTC breach notice30 days after discovery, 500 or more consumersSince May 13, 202416 CFR 314.4(j)
HIPAA notice to individuals60 calendar days202645 CFR 164.404
HIPAA breaches under 500To HHS within 60 days after year end, about March 1202645 CFR 164.408(c)
Breach notice deadlines compared days after discovery, 2026 rules
FTC Safeguards, 500+ consumers30 days
HIPAA, individuals (outer limit)60 days
HIPAA, HHS for 500+ (outer limit)60 days

Source: 16 CFR 314.4(j); 45 CFR 164.404 and 164.408

Recent and pending changes

  • Safeguards Rule, final: amendments issued Dec 9, 2021; most applied from June 9, 2023; breach notice effective May 13, 2024. No substantive change since, through October 2026.
  • HIPAA penalty amounts, final: the 2025 amounts were published Jan 28, 2026. HHS said on Oct 21, 2026 there is no 2026 adjustment, so they continue.

Penalties and enforcement

The FTC enforces the Safeguards Rule. OCR enforces HIPAA, and state attorneys general may sue.

Tier or lawApplies toAmount per violation
Safeguards RuleNon-bank financial firmsNo dollar schedule; the FTC uses its general authority (FTC Act guide)
HIPAA Tier 1Did not know$145 to $73,011 (2025)
HIPAA Tier 2Reasonable cause$1,461 to $73,011 (2025)
HIPAA Tier 3Willful neglect, corrected within 30 days$14,602 to $73,011 (2025)
HIPAA Tier 4Willful neglect, not corrected$73,011 to $2,190,294 (2025)
26 U.S.C. 6713Preparer disclosure of return information$250 each, $10,000 yearly cap

The $2,190,294 figure is a ceiling, not a typical result. A 2019 HHS notice says OCR applies lower yearly caps for the lower tiers; check HHS for current figures. In 2025 OCR announced a $175,000 settlement with a New York CPA firm after ransomware, citing no accurate and thorough risk analysis.

Official sources

This page is a plain-language summary. The official source controls if there is any difference.