FTC Proposes Amendments to Strengthen and Modernize the Health Breach Notification Rule
The Federal Trade Commission is seeking comment on proposed changes to the Health Breach Notification Rule (HBNR) that include clarifying the rule’s applicability to health apps and other similar technologies.
- The Federal Trade Commission is seeking comment on proposed changes to the Health Breach Notification Rule (HBNR) that include clarifying the rule’s applicability to health apps and other similar technologies.
- Since the rule’s issuance, health apps and other direct-to-consumer health technologies, such as fitness trackers, have become commonplace.
- In September 2021, the FTC issued a policy statement affirming that health apps and connected devices that collect or use consumers’ health information must comply with the Health Breach Notification Rule.
- After reviewing the public comments and consistent with the policy statement, the Commission has proposed the following changes to the HBNR:
The public will have 60 days after the notice is published in the Federal Register to submit comments on the proposed changes to the rule. Information on how to submit a comment can be found in the notice. Once processed, the comments will be posted to Regulations.gov. The Commission voted 3-0 at an open Commission meeting to publish the proposed changes to the HBNR in the Federal Register.