Lexology June 14, 2023
As previously discussed, the FTC’s recent efforts to build up a record about the problematic activities happening in the overlapping digital consumer health and ad tech spaces is a laudable plan of action, likely to generate both positive and negative unintended consequences in the near term.
On one hand, we know that industry will need to act in an agile manner to review the themes from the enforcement actions and the Washington My Health, My Data Act to determine the stronger protections it will need to have in place regarding the treatment, processing, sharing, and sale of consumer health data. On the flip side, in the absence of guidance and clarity about where the lines are drawn, industry faces the...