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Warning from FTC Regarding Scope of Health Breach Notification Rule
Health Data Luke Schaetzel Health Data Luke Schaetzel

Warning from FTC Regarding Scope of Health Breach Notification Rule

As the collection and use of health data drastically expands, the agency issued a recent guidance to officially put health apps and connected medical devices “on notice.”

On September 15, the Federal Trade Commission (“FTC”) held a meeting and published a policy statement to put connected medical device and health application (“app”) providers on notice that they are subject to the ongoing obligations of the Health Breach Notification Rule (the “Rule”) and that the FTC intends to begin enforcing the Rule. The Rule was first published in 2009, but the FTC has never enforced it and there are few examples of businesses providing breach notices pursuant to it.

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