FTC Releases New Health Breach Notification Rule Guidance, Targets Health Apps and Connected Devices

In a new post on the Covington Digital Health blog, our colleagues discuss recently announced Federal Trade Commission (“FTC”) guidance meant to help companies determine their obligations under the Health Breach Notification Rule (the “Rule”).  The guidance follows the FTC’s September 2021 Policy Statement, which expanded the Rule’s application to the developers of health apps, connected devices, and similar products, and similarly emphasize the FTC’s continued scrutiny of health technology.  The post walks through the new guidance documents, which, notably, highlight the FTC’s desire to apply the Rule to certain “apps, wearables, and other technologies for health advice, information, and tracking.”

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