National Law Review January 20, 2022
Gicel Tomimbang, Kristin L. Bryan, Elliot Golding

The FTC’s recent policy statement on the Health Breach Notification Rule (the “Rule”) substantially impacts the consumer-facing digital health industry by significantly expanding (a) the scope of entities subject to the Rule and (b) data practices that constitute a breach. Under the new guidance, any entity that collects health data from both a connected device and the consumer (excluding entities already subject to HIPAA) will be treated as a “vendor of Personal Health Records” (“PHR Vendor”) subject to the Rule. Moreover, PHR Vendors that share such information without the individual’s authorization will trigger the Rule’s breach notification requirements.

PHR Vendors Include Health Apps, Too

The Rule applies to PHR Vendors, PHR related entities, and their third party service providers that collect data...

Today's Sponsors

pCare
Institute for Healthcare Improvement
TripleTree

Today's Sponsors

ZeOmega
Holon

Today's Sponsor

Premier

 
Topics: Apps, Cybersecurity, Digital Health, Govt Agencies, Health IT, HIPAA, mHealth, Patient / Consumer, Provider, Technology
The biggest security risks of using fitness trackers and apps to monitor your health
The State of Mobile App Security in 2022 in Healthcare
Web apps offer a way in for cyberattacks in health care computer networks
Third-Party Apps Pose New Threats to Healthcare Cybersecurity
Period tracking apps raise security concerns