Foley July 20, 2023
Recent developments at the federal and state level demonstrate that regulators are focused on protecting consumer health data. Specifically, state and federal regulators want to close the gap between HIPAA-protected data and other consumer health data. HIPAA only regulates protected health information maintained by covered entities such as hospitals, clinics, health care providers, pharmacies, health plans and health care clearinghouses, and their business associates. Consumer health data collected by health apps and connected devices, however, is not necessarily protected by HIPAA. For these reasons, regulators have made it a priority to protect consumer health data as technology continues to advance.
Foley’s cybersecurity and data privacy team provides a high-level overview of recent federal and state developments regarding the privacy and...