---
title: "45 CFR 164.414 HIPAA: Administrative requirements and burden of proof"
canonical: "https://dposchool.com/hipaa/section/164.414"
source: "https://www.ecfr.gov/current/title-45/section-164.414"
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 164.414 HIPAA · Part 164: SECURITY AND PRIVACY · Subpart D: Notification in the Case of Breach of Unsecured Protected Health Information

# 45 CFR 164.414 HIPAA: Administrative requirements and burden of proof

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

## Official text

### 45 CFR 164.414(a)

**(a)** Administrative requirements. A covered entity is required to comply with the administrative requirements of § 164.530(b), (d), (e), (g), (h), (i), and (j) with respect to the requirements of this subpart.

### 45 CFR 164.414(b)

**(b)** Burden of proof. In the event of a use or disclosure in violation of subpart E, the covered entity or business associate, as applicable, shall have the burden of demonstrating that all notifications were made as required by this subpart or that the use or disclosure did not constitute a breach, as defined at § 164.402.

## 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 164.414 on eCFR](https://www.ecfr.gov/current/title-45/section-164.414)

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 164.414

Previous: [45 CFR 164.412 HIPAA: Law enforcement delay](https://dposchool.com/hipaa/section/164.412)

Next: [45 CFR 164.500 HIPAA: Applicability](https://dposchool.com/hipaa/section/164.500)

## 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
