HIPAA vs DISHA vs DPDP: A Comparative Analysis of Health Data Protection Frameworks

Healthcare data is perhaps the most sensitive category of information, considering its impact on individual privacy and trust in the healthcare system. The rapid adoption of digital platforms and tools has revolutionized healthcare delivery; however, a robust framework is needed to address the challenges of data privacy and healthcare data breaches.

Different jurisdictions have adopted distinct regulatory approaches to address these challenges. In the United States, the Health Insurance Portability and Accountability Act (HIPAA) establishes sector-specific protections for health information.

In India, early attempts such as the Draft Digital Information Security in Healthcare Act (DISHA) focused exclusively on healthcare data governance, while the more recent Digital Personal Data Protection Act (DPDP) adopts an economy-wide approach to personal data protection, including health data. In this, we shall examine each legal framework and compare HIPAA, DISHA, and DPDP across scope, principles, consent mechanisms, enforcement, and implications for healthcare stakeholders.

Healthcare Data Protection Frameworks

In the evolving landscape of Healthcare and digital data protection, numerous jurisdictions have adopted a legal framework to safeguard health data privacy and ensure trust in the healthcare system. Some significant legislation in this regard is

Health Insurance Portability and Accountability Act (HIPAA)

The federal law governing the security of health information in the US was enacted in 1996. It establishes guidelines for covered entities, including insurers, healthcare clearinghouses, and healthcare providers, as well as their business partners, that must use, disclose, and protect Protected Health Information (PHI). Important regulations that support HIPAA include the Privacy Rule, Security Rule, and Breach Notification Rule. These regulations work together to guarantee the availability, confidentiality, and integrity of health data. Though the Act provides patient rights by providing them the right to access and modify their health records, it doesnot explicitly recognize patients as the owners of their data.

Digital Information Security in Healthcare Act (DISHA)

In order to address health data protection within the framework of the National Digital Health Mission (now known as the Ayushman Bharat Digital Mission), DISHA was presented as a draft law in India in 2018. Even though it hasn't been passed into legislation, DISHA's rights-based approach to health data governance makes it noteworthy.

DISHA explicitly acknowledges individuals as the owners of their digital health data, and promotes informed permission as the basis for data collection, storage, and sharing. Along with measures for health information exchanges, data breach penalties, and regulatory monitoring, it suggests stringent limitations on the disclosure of digital health information. DISHA's framework, which aims to empower people while facilitating safe digital health ecosystems, has a strong patient-centric mindset.

Digital Personal Data Protection Act 2023

The Digital Personal Data Protection Act (DPDP), 2023, along with the DPDP Rules, 2025, establishes a comprehensive privacy and data protection framework in India governing how personal data is collected, processed, stored, transferred, and shared. Though the Act introduces obligations for data fiduciaries, purpose limitation, data minimization, and security safeguards, the Act is not sector specific nor does it acknowledges patient as the owners of their health data.

Comparative Analysis: HIPAA vs DISHA vs DPDP

The key aspect of differences among the various legal frameworks is-

Conclusion

The growing worldwide and Indian approaches to health data protection are reflected in HIPAA, DISHA, and DPDP. A well-established regulatory paradigm tailored to the healthcare industry is necessary to ensure patient trust in the healthcare system.

Providers operating globally must navigate HIPAA compliance in the U.S. and DPDP obligations in India, while drawing policy insights from DISHA’s patient-centric design. Compliance now requires stronger data governance, cybersecurity, and consent management practices. Together, these frameworks reflect the trade-offs between sector-specific regulation and comprehensive data protection, underscoring the necessity of a balanced, patient-centric, and interoperable health data governance in the digital age.

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