Is GitHub Copilot HIPAA compliant?

Unverified

GitHub (Microsoft) · Coding

Not verified. Check directly with GitHub (Microsoft) before using GitHub Copilot with protected health information (PHI).

What we checked

This assessment separates the consumer product from any business plan. It uses the vendor documents linked below; an unverified item is not a pass.

Business Associate Agreement: Not verified; No public BAA was confirmed. Treat PHI use as blocked until GitHub (Microsoft) provides written terms.
Enterprise route: GitHub Copilot Business / Copilot Enterprise; For regulated use, validate the BAA, configured service and users under the GitHub Copilot Business / Copilot Enterprise contract.
Default data training: Opt-out required; On free/Pro/Pro+ individual plans, prompts and code snippets may be used to improve models unless the user disables it in Copilot settings.
Business-tier training: No by default; GitHub does not use Copilot Business or Enterprise prompts/suggestions to train models (including third-party models such as Anthropic/Google).

Practical risk: On individual (free/Pro) plans, code snippets can be retained and used for model improvement unless opted out, so developers on personal accounts may expose proprietary code.

How to make a decision

Check the precise account tier, written contract and intended data before approving GitHub Copilot. A security certification, DPA or setting can apply to only part of a vendor's service. Keep the source links with your supplier review and revisit them when the vendor changes its terms.

More on GitHub Copilot

Is GitHub Copilot GDPR compliant?Is GitHub Copilot SOC 2 compliant?Is GitHub Copilot ISO 27001 certified?Does GitHub Copilot train on your data?

See the full GitHub Copilot risk profile, with every data-handling fact and its source, or browse all rated AI tools.