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The FTC unanimously rescinded its 2021 policy statement that required health and fitness apps to notify users after health-data breaches.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 The commission said the statement provided minimal benefit, was superseded by rulemaking, and aligns with the White House deregulatory agenda.
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