Beyond HIPAA: The FTC’s Increasing Focus On Protecting Health Data

Health Affairs August 31, 2023
Carmel Shachar, I. Glenn Cohen, Eli Y. Adashi

When it comes to protecting health data, physicians tend to focus on the Health Insurance Portability and Accountability Act (HIPAA), promulgated and enforced by the Department of Health and Human Services (HHS). But HIPAA’s ambit is largely limited to information found in electronic health records that are created and maintained by traditional health organizations. HIPAA does not reach much of the health information generated today in apps and other health technology settings. The Federal Trade Commission (FTC) is increasingly stepping in to protect health information not covered by HIPAA.

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