Is Google's AI Gemini 3 HIPAA compliant? (2026 update)

Google Gemini 3 is Google’s third-generation large language model. It uses advanced generative AI capabilities across Google Cloud and Google Workspace, including data analysis, content generation, summarization, and workflow automation for enterprise users.

With Google Gemini 3, organizations can integrate generative AI into healthcare, research, and administrative workflows when deployed within Google’s enterprise environments.

Is Google Gemini 3 HIPAA compliant? Yes, Google Gemini 3 can be HIPAA compliant, but only when used within HIPAA-eligible Google Cloud or Google Workspace services and governed by a signed Business Associate Agreement (BAA).

Will Google sign a business associate agreement (BAA) for Gemini 3?

Yes, Google will sign a business associate agreement, but it applies only to Gemini 3 when it is used as part of Google’s HIPAA-eligible covered services under an existing Google services agreement.

The Google BAA can be reviewed here.

What does the Google Gemini 3 BAA cover?

Google’s BAA governs how Google may handle protected health information (PHI) processed by Gemini 3 only when Gemini 3 is accessed through Covered Services defined by Google.

The BAA states, “This HIPAA Business Associate Addendum (“BAA”) is entered into between Google and the customer… and supplements, amends and is incorporated into the Services Agreement(s) solely with respect to Covered Services.”

It further clarifies, “Together with the Services Agreement, this BAA will govern each party’s respective obligations regarding Protected Health Information.”

The Google Gemini 3 BAA covers:

• Permitted use and disclosure of PHI by Gemini 3 only as allowed by HIPAA and the Services Agreement.
• Administrative, technical, and physical safeguards to protect PHI.
• Breach and security incident notification (no later than 60 days after discovery).
• Subcontractor obligations to provide equivalent PHI protection.
• Customer access to PHI to support the individual right of access and amendment.
• Accounting for disclosure.
• HHS access to records for compliance review.
• Return or destruction of PHI upon termination.

What does the Google Gemini 3 BAA exclude?

Google’s BAA does not apply to Gemini 3 in all configurations or environments. The BAA explicitly states, “This BAA does not apply to (a) any other Google product, service, or feature that is not a Covered Service; or (b) any PHI that Customer creates, receives, maintains, or transmits outside of the Covered Services.”

Conclusion

Google Gemini 3 may be HIPAA compliant, but only when deployed within HIPAA-eligible Google Cloud or Google Workspace services and governed by a signed Business Associate Agreement. Any consumer, unmanaged, or misconfigured use of Gemini 3 is not HIPAA compliant and must not involve PHI.

Learn more: HIPAA Compliant Email: The Definitive Guide

FAQs

What is a business associate agreement?

A business associate agreement (BAA) is a legally binding contract establishing a relationship between a covered entity under the Health Insurance Portability and Accountability Act (HIPAA) and its business associates. The purpose of this agreement is to ensure the proper protection of personal health information (PHI) as required by HIPAA regulations.

What is HIPAA?

The Health Insurance Portability and Accountability Act (HIPAA) sets national standards for protecting the privacy and security of certain health information, known as protected health information (PHI).

HIPAA is designed to protect the privacy and security of individuals’ health information and to ensure that healthcare providers and insurers can securely exchange electronic health information. Violations of HIPAA can result in significant fines and penalties for covered entities.

Who does HIPAA apply to?

HIPAA applies to covered entities, which include healthcare providers, health plans, and healthcare clearinghouses. It also applies to business associates of these covered entities. These are entities that perform certain functions or activities on behalf of the covered entity.