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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Flo Health, Inc., which marketed an app used by more than 100 million women interested in tracking their personal menstruation and fertility information, seems to be getting off easily as compared with HIPAA-covered entities who misuse individual health information. The FTC’s January 13, 2021 press release announcing its proposed settlement with Flo Health sidesteps mention…
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