Lexology February 8, 2023
Free health apps – often funded by advertising revenue – may result in disclosure of private health information to third parties without permission from consumers.
A company that operates a health app or collects consumer health data should analyze how ad-tracking tools are used within their ecosystem. In 2021, the Federal Trade Commission (“FTC”) issued a policy statement clarifying mobile health app makers’ obligations to notify consumers if their data is exposed or shared without their permission, and the FTC stated that the policy was meant to fill a “gap” in regulations for health apps which generally are not covered by the Health Insurance Portability and Accountability Act (“HIPPA”).
Failure to fulfil these obligations may result in a government action,...
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