Is Private Email HIPAA compliant? (Update 2024)

Private Email, a collaborative and cloud-based email solution offered by Namecheap, raises questions about its compliance with HIPAA. As a platform tailored for business use, especially in communication and collaboration, its adherence to HIPAA standards must be evaluated. Our analysis suggests that Private Email may not be HIPAA compliant.

What is Private Email?

Private Email, designed for modern organizations seeking efficient communication and collaboration, is a cloud-based email solution. It caters to users looking for a comprehensive tool with features such as: 

•  shared folders,
• group scheduling,
• task management,
• and file sharing.
  
  

Private Email and business associate agreements (BAAs)

Under HIPAA, a business associate agreement (BAA) is indispensable for third-party vendors handling protected health information (PHI). Given Private Email's functionalities involving email communication and data sharing, it's likely to be categorized as a business associate when used within healthcare settings.

We examined their official documentation to assess Private Email's commitment to HIPAA compliance. Our review of Private Email's privacy policy revealed no explicit mention of BAAs or HIPAA compliance. The terms of service also lacked clarity on their willingness to sign a BAA, requiring further inquiry.

Private Email and data security

Private Email underscores its commitment to data protection through a multi-layered security infrastructure. Notable security features include:

•  SSL encryption,
• multi-factor authentication,
• and regular data backups.

Is Private Email HIPAA compliant?

While Private Email offers security features, including SSL encryption and advanced authentication measures, the lack of clarity regarding BAAs introduces uncertainty about their full compliance with HIPAA regulations. As a result, Private Email may not be HIPAA compliant.

Understanding HIPAA compliance

HIPAA compliance goes beyond technical safeguards provided by tools like Private Email. Consider other aspects:

1. Technical safeguards: While Private Email contributes to data security, explore additional technical measures, such as HIPAA compliant email solutions.
2. Employee training: Ensure all staff members are well-versed in HIPAA regulations through regular training sessions to prevent unintentional breaches.
3. Regular audits: Periodic assessments of systems and processes ensure ongoing compliance with evolving regulations and technology.
4. Data access controls: Implement stringent controls on who can access PHI and under what circumstances, a cornerstone of HIPAA compliance.