Lexology March 27, 2023
Following its February settlement with GoodRx, the Federal Trade Commission (FTC) has fired another shot across the bow in its ongoing campaign to protect consumers’ digital health information. Earlier this month the FTC announced a consent order with BetterHelp, Inc., an online mental health counseling service, to resolve alleged violations of the Federal Trade Commission Act (FTC Act) related to the company’s collection, use, and sharing of customers’ health information.
This case is notable for several reasons, which we discuss below, but a key takeaway for health app developers is that the mere disclosure of a customer’s email address or IP address to a third party, including advertisers, can be deemed a disclosure of health information when it is readily...
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