Lexology September 27, 2021
Vendors of health applications (“health apps”) and connected devices that collect or use individuals’ health information, along with their service providers, are now on notice that they must provide timely notice to consumers and the Federal Trade Commission (FTC) when there is a security breach compromising health information. In response to the proliferation of health apps and connected devices that gather large volumes of individually identifiable health information, the FTC recently issued a Policy Statement explaining the scope of its Health Breach Notification Rule (the “Rule” or “HBNR”), the types of incidents that may trigger notice obligations, and that it intends to bring actions to enforce the Rule consistent with the Policy Statement. Specifically, certain health apps may be subject...
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