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ARTICLE · 26 MAY 2016

Navigating the FTC's Mobile Health App Tool and Guidance

Fox Rothschild LLP
Fox Rothschild LLP
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On 4 April 2016, the US Federal Trade Commission ('FTC') released an interactive web-based tool for mobile health app developers, to help them understand which federal laws and regulations might apply to their app ('the Tool').

United StatesPrivacy
Elizabeth Litten
Elizabeth Litten
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Originally published by Data Protection Law & Policy

On 4 April 2016, the US Federal Trade Commission ('FTC') released an interactive web-based tool for mobile health app developers, to help them understand which federal laws and regulations might apply to their app ('the Tool'). In addition, the FTC also released its Mobile Health App Developers: FTC Best Practices guidance, which provides advice on how to incorporate privacy and security into apps ('the Guidance'). Elizabeth G. Litten, Partner and HIPAA Privacy Officer at Fox Rothschild LLP, provides insight on the usefulness of the Tool and the Guidance for app developers, and highlights the gaps that remain.

The FTC deserves credit for trying to clarify for mobile health app developers which, among myriad federal laws and regulations, might apply to their apps. The Tool identifies four potentially applicable federal laws: the Health Insurance Portability and Accountability Act 1996 ('HIPAA'); the Federal Food,

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