Health App and Device Providers Take Note: Health Breach Notification Rule Enforcement Is Coming

As the mobile health and connected device market continues to grow at an exponential pace, the Federal Trade Commission (“FTC”) has issued a Policy Statement that emphasizes its commitment to ensuring the protection of sensitive information collected by these apps and devices. On September 15, 2021, the FTC issued its “Statement on the Commission of Breaches by Health Apps and Other Connected Devices,” which offers guidance on the FTC’s Health Breach Notification Rule (the “Rule”), including guidance as to the Rule’s scope, and makes clear that the FTC intends to bring actions to enforce the Rule consistent with the Policy Statement.

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