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ARTICLE · 28 APRIL 2025

FTC's Updated Health Data Breach Rule Covers Apps, Other New Tech

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The FTC's Health Breach Notification Rule (HBNR) was originally adopted in 2009 and applies to entities that handle personal health records (PHR), records that are not Protected Health Information...

United StatesPrivacy
Colin Zick
Colin Zick
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The FTC's Health Breach Notification Rule (HBNR) was originally adopted in 2009 and applies to entities that handle personal health records (PHR), records that are not Protected Health Information (PHI) covered by the Health Insurance Portability and Accountability Act (HIPAA).

The FTC has updated its HBNR to clarify that the rule also restricts marketing practices involving personal health information. This update to the HBNR was announced on April 26, 2024, and follows several recent enforcement actions by the FTC regarding consumer's online health information.

As originally drafted, the HBNR required vendors of personal health records to notify individuals and the FTC when there was a breach of personally identifiable health information.

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