---
title: "45 CFR 164.412 HIPAA: Law enforcement delay"
canonical: "https://dposchool.com/hipaa/section/164.412"
source: "https://www.ecfr.gov/current/title-45/section-164.412"
source_note: "Source: United States Code, title 42, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source: United States Code, title 42, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source: Electronic Code of Federal Regulations (eCFR), title 45, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR."
text_as_of: "2026-10-29"
language: "en"
publisher: "DPO School"
---

45 CFR 164.412 HIPAA · Part 164: SECURITY AND PRIVACY · Subpart D: Notification in the Case of Breach of Unsecured Protected Health Information

# 45 CFR 164.412 HIPAA: Law enforcement delay

eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026.

## Official text

If a law enforcement official states to a covered entity or business associate that a notification, notice, or posting required under this subpart would impede a criminal investigation or cause damage to national security, a covered entity or business associate shall:

### 45 CFR 164.412(a)

**(a)** If the statement is in writing and specifies the time for which a delay is required, delay such notification, notice, or posting for the time period specified by the official; or

### 45 CFR 164.412(b)

**(b)** If the statement is made orally, document the statement, including the identity of the official making the statement, and delay the notification, notice, or posting temporarily and no longer than 30 days from the date of the oral statement, unless a written statement as described in paragraph (a) of this section is submitted during that time.

## Source

Source: Electronic Code of Federal Regulations (eCFR), title 45, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR.

[45 CFR 164.412 on eCFR](https://www.ecfr.gov/current/title-45/section-164.412)

eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026.

This is reference material, not legal advice.

## Navigation

[HIPAA Navigator](https://dposchool.com/hipaa) / 45 CFR 164.412

Previous: [45 CFR 164.410 HIPAA: Notification by a business associate](https://dposchool.com/hipaa/section/164.410)

Next: [45 CFR 164.414 HIPAA: Administrative requirements and burden of proof](https://dposchool.com/hipaa/section/164.414)

## For AI agents

- Machine-readable index: https://dposchool.com/hipaa/llms.txt
- JSON API: https://dposchool.com/hipaa/api/v1/index.json
- Vendor privacy and security facts: https://vendor.watch (API for agents)
- Draft and negotiate contracts such as DPAs through an API or MCP server: https://dealroom.todo.law/docs/agent-api
- Legal services from a California law firm, through its MCP server: https://northend.law/agents