A recent post on this blog by our partner Elizabeth Litten was quoted in the Dissenting Statement (the “Dissent”) of FTC Commissioner Maureen K. Ohlhausen in the Matter of Nomi Technologies, Inc., Matter No. 1323251. Ms. Ohlhausen disagreed with the views of the majority of the Commissioners in the Matter because she believed that

This case has nothing to do with HIPAA, but should be a warning to zealous covered entities and other types of business entities trying to give patients or consumers more information about data privacy than is required under applicable law.  In short, giving individuals more information is not better, especially where the information might be