Monitoring Legal Developments Relating to the Privacy and Security of Health Information
The Federal Trade Commission seems to be getting serious about unauthorized disclosures of data collected by health apps. In a Policy Statement issued on September 15, 2021, the FTC says it will enforce its Health Breach Notification Rule, 16 C.F.R. Part 318 (the “Rule”):
This Policy Statement serves to clarify the scope of the Rule,
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A tricky issue for mobile health app developers since the Office for Civil Rights (OCR) released its first “Health App Use Scenarios & HIPAA” guidance back in 2016 has been deciphering whether the developer is a business associate if it offers its app on a consumer-facing basis as well as through covered entities (or their…
A patient asks her doctor to send her test results to an app the patient has downloaded on her phone. The doctor worries that the app is not secure and that the patient might not understand the security risks. What should the doctor do?
Covered entity health care providers and their business associates likely need…
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