FTC Rescinds Policy Extending Breach Notifications to Health Apps

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Summary

The FTC unanimously rescinded a Biden-era policy that applied federal health data breach notification rules to health and fitness apps and connected devices, citing minimal benefit, superseding rulemaking and a deregulatory agenda.

Key points

  • The rescinded policy had extended breach notification coverage to health and fitness apps, personal health record vendors and connected devices.
  • The policy addressed breaches and unauthorized disclosures of sensitive health information, including sharing data with third parties.
  • The FTC said the statement provided minimal benefit and had been superseded by rulemaking; it also cited a White House deregulatory agenda.
  • The original policy was adopted in 2021 by a 3-2 vote under then-chair Lina Khan.
  • The FTC's unanimous rescission vote followed President Trump's replacement of Democratic commissioners with Republican appointees, according to the article.

Article Details

Event Type
Regulatory policy rescission
Impact
The FTC unanimously rescinded its policy extending federal breach-notification requirements to health and fitness apps and connected devices. The withdrawn policy had required covered entities to notify customers about breaches or unauthorized disclosures of sensitive health data, including disclosures to third parties. The article reports that the FTC cited minimal benefit, subsequent rulemaking, and a deregulatory agenda.

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