Changes to the Federal Trade Commission (FTC) Health Breach Notification Rule closes some gaps but adds some ambiguity

Trinity Car and Brad Rostolsky
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Trinity Car: Managing Counsel, Privacy, Syneos Health, USA
Brad Rostolsky: Shareholder, Greenberg Traurig, USA

Journal of Data Protection & Privacy, 2024, vol. 7, issue 1, 41-50

Abstract: On 26th April, 2024, the Federal Trade Commission (FTC) issued a final rule amending the 2009 Health Breach Notification Rule (HBNR). The primary aim of the Final Rule is to close gaps between the preceding version of the FTC's breach notification rule and the protections offered by the breach notification regulations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The FTC focused on the personal data regularly processed by direct-to-consumer Health Apps, which represent a growing segment of the healthcare industry not regulated by HIPAA. This paper provides an in-depth analysis of the changes introduced by the Final Rule, the implications for businesses not regulated by HIPAA, and the potential operational ripple effects for many businesses now regulated under the Final Rule. It also discusses the updated individual notification obligations and the need for impacted individuals to be made aware of potential risks while balancing issues related to notice fatigue.

Keywords: Health Breach Notification Rule; Federal Trade Commission; personal health records; HIPAA; data privacy; mobile health apps (search for similar items in EconPapers)
JEL-codes: K2 (search for similar items in EconPapers)
Date: 2024
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