FTC's Hasty Health Data Rule Change Could Cause Confusion

By Jodi Daniel (October 1, 2021, 5:42 PM EDT) -- On Sept. 15, the Federal Trade Commission issued a policy statement[1] that seems to sweep in a large number of technology companies and activities into compliance with its Health Breach Notification Rule, Title 16 of the Code of Federal Regulations, Part 318.

Specifically, the HBN rule has applied to vendors of personal health records, and PHR-related entities when there is a breach of security generally, but according to the FTC's policy statement, the HBN rule applies to health apps broadly and notification is triggered when there is any sharing of information that is not authorized by the individual.

While the FTC...

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