Lexology February 2, 2023
Highlights
- For the first time ever, the Federal Trade Commission (FTC) is seeking enforcement under the Health Breach Notification Rule, which requires certain businesses not covered by the Health Insurance Portability and Accountability Act (HIPAA) to notify their customers and others if there is a breach of unsecured, individually identifiable electronic health information.
- Direct-to-consumer healthcare apps and product companies should carefully review privacy practices and evaluate whether online or public privacy notices accurately reflect current data sharing practices by the company, as well as update privacy notices to reflect the actual practices of the company so the company is not doing anything with data that has not been disclosed to consumers.
For the first time ever, the Federal...
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