Burden of Proof

§164.414(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 the subpart or that the use or disclosure did not constitute a breach as defined at §164.402.

Audit Inquiry

§164.414(b)
Burden of proof