It's Time To Scrap FTC's Health Breach Notification Rule

Law360 (June 1, 2020, 5:57 PM EDT) -- The Federal Trade Commission's Health Breach Notification Rule is a perfect example of a narrowly tailored regulation that only contributes to the cumbersome patchwork of privacy rules in this country without providing any real benefit. Promulgated over 10 years ago to address a specific concern, the HBNR requires notice to consumers and the FTC when an entity not subject to health privacy laws suffers a breach affecting health records it maintains at the consumer's direction.

To date, the FTC has never initiated any HBNR enforcement actions and it has received notice of only two breaches involving 500 or more individuals over...

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