Lexology May 30, 2023
The Federal Trade Commission seeks to clarify how the Health Breach Notification Rule applies to health records collected by health apps and similar consumer health technologies.
On May 18, 2023, the Federal Trade Commission (“FTC”) announced a Notice of Proposed Rulemaking (“Proposed Update”) to amend the Health Breach Notification Rule (“HBNR”). The FTC seeks to amend the HBNR to clarify its application to health apps, fitness trackers, and other similar direct-to-consumer health technologies. The HBNR requires certain companies not covered by the Health Insurance Portability and Accountability Act (“HIPAA”) that access personal health records to notify consumers and the FTC when there is a breach of that data.
According to the FTC, these amendments are needed due to the increased...
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