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FTC rescinds policy requiring health apps to notify customers after a breach

The FTC unanimously rescinded its 2021 policy statement that required health and fitness apps to notify users after health-data breaches.

The FTC voted to rescind a September 2021 Biden-era policy statement that extended federal health-data breach notification rules to health apps, fitness trackers, and connected devices, which had exposed violators to fines of $43,792 per violation per day. The 2021 statement, adopted in a divided 3-2 vote under then-chair Lina Khan, cited HIPAA coverage gaps for consumer health applications. The commission said the statement provided minimal benefit, was superseded by rulemaking, and aligns with the White House deregulatory agenda.

CyberScoopupdated · 5d agofirst · 6d agoPolicy & legal 2 sources

Kids’ online safety bill faces dim prospects of passage this session despite progress

Kids Online Safety Act clears Senate committee but passage looks unlikely this session amid House-Senate deadlock over the duty-of-care provision.

KOSA advanced out of the Senate Commerce Committee, but the chambers remain split on a duty-of-care provision requiring platforms to act with reasonable caution to prevent foreseeable harm, which House leadership opposes over First Amendment and negligence-lawsuit concerns. The Senate passed KOSA 91-3 last Congress before it died in the House, and the House passed its own version without the duty of care in June as part of a larger package, after stripping a state-law preemption provision. Observers say even Senate passage this year is a struggle given the short calendar, with a lame-duck window between November and January the more plausible path, and Majority Leader John Thune controlling whether a roll-call vote happens.

The Record · 22d agoPolicy & legal