Legal Alerts/Details

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

September 21, 2021
Footnotes:
  1. FTC Press Release: Statement of the Commission On Breaches by Health Apps and Other Connected Devices available at https://www.ftc.gov/system/files/documents/public_statements/1596364/statement_of_the_commission_on_breaches_by_health_apps_and_other_connected_devices.pdf.
  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 https://www.ftc.gov/system/files/documents/public_statements/1596360/remarks_of_chair_lina_m_khan_regarding_health_breach_notification_rule_policy_statement.pdf.
  6. Id.
  7. FTC Press Release: Health App Broke Its Privacy Promises by Disclosing Intimate Details About Users available at https://www.ftc.gov/news-events/blogs/business-blog/2021/01/health-app-broke-its-privacy-promises-disclosing-intimate. 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 https://www.ftc.gov/news-events/press-releases/2021/06/ftc-finalizes-order-flo-health-fertility-tracking-app-shared.
  8. Id.
  9. Id.

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