Lexology May 30, 2023
While momentum continues to build around what a regulated consumer health privacy landscape looks like, the environment remains shrouded in shades of gray. And, perhaps, gray is what U.S. laboratories of democracy are made of, especially in recent years on this topic where the Federal Trade Commission (FTC) has left the door open on its interpretation of what it means for companies to process “sensitive” consumer health data without being caught in the crosshairs of unfair and deceptive practices.
And since the FTC has shared its intention to extend the application of the Health Breach Notification Rule to health app developers, we expect that net to widen.
Even with the passage of momentous consumer health privacy legislation in Washington state...