Legal Alerts/Details

Federal Trade Commission Provides New Guidance on its Health Breach Notification Rule for Health Apps and Connected Devices

September 21, 2021
  1. FTC Press Release: Statement of the Commission On Breaches by Health Apps and Other Connected Devices available at
  2. 85 Fed. Reg. 31,085, 31,087 (codified at 16 C.F.R. pt. 318) (“the Rule”). The Rule implements the requirements of the American Recovery & Reinvestment Act of 2009, 42 U.S.C. §§ 17937, 17953.

  3. Statement of the Commission, supra note 1.
  4. Id.
  5. Remarks by Chair Lina M. Khan on the Health Breach Notification Rule Policy Statement Commission File No. P205405 available at
  6. Id.
  7. FTC Press Release: Health App Broke Its Privacy Promises by Disclosing Intimate Details About Users available at The FTC finalized its settlement with Flo Health in June 2021. See FTC Press Release: FTC Finalizes Order with Flo Health, a Fertility-Tracking App that Shared Sensitive Health Data with Facebook, Google, and Others available at
  8. Id.
  9. Id.

©2023 Snell & Wilmer L.L.P. All rights reserved. The purpose of this publication is to provide readers with information on current topics of general interest and nothing herein shall be construed to create, offer, or memorialize the existence of an attorney-client relationship. The content should not be considered legal advice or opinion, because it may not apply to the specific facts of a particular matter. As guidance in areas is constantly changing and evolving, you should consider checking for updated guidance, or consult with legal counsel, before making any decisions.
One East Washington Street | Suite 2700 | Phoenix, AZ 85004
The material in this newsletter may not be reproduced, distributed, transmitted, cached or otherwise used, except with the written permission of Snell & Wilmer.