News & Analysis as of

Federal Trade Commission (FTC) Health Insurance Portability and Accountability Act (HIPAA) Corporate Counsel

Faegre Drinker Biddle & Reath LLP

Artificial Intelligence Briefing: Trump 2.0 Executive Orders Revoke, Overhaul Biden Administration’s Approach

The AI landscape saw developments coming in at a breakneck pace throughout January 2025. We’re diving into the latest executive orders from the new White House administration, proposed HIPAA security rule revisions addressing...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Trade Commission Hashes Out Aggressive Interpretation of Data Anonymization: What You Need to Know

The Federal Trade Commission (FTC) has a long-standing habit of creating legal obligations through blog posts. Recent communications from the FTC by way of its Office of Technology Blog evidence an aggressive expectation...more

Quarles & Brady LLP

HHS Tracking Technology Guidance Vacated by Federal Court

Quarles & Brady LLP on

On Thursday, June 20, 2024, a U.S. District Court Judge ruled that the U.S. Department of Health and Human Services, Office for Civil Rights (“HHS”) overstepped its authority to act when issuing its December 2022 bulletin...more

Wyrick Robbins Yates & Ponton LLP

Sense and Sensitivity: Latest FTC Enforcement Actions Continue Focus on Sensitive Health Data

We’ve talked before about the FTC’s focus on consumer health privacy. In cases against BetterHelp and GoodRx, a blog post announcing rules it intends to enforce in the space, and a report summarizing its recent privacy and...more

Orrick, Herrington & Sutcliffe LLP

FTC proposes changes to Health Breach Notification Rule

On May 18, the FTC issued a notice of proposed rulemaking (NPRM) and request for public comment on changes to its Health Breach Notification Rule (Rule), following a notice issued last September (covered by InfoBytes here)...more

WilmerHale

FTC Brings Second Enforcement Action Against Healthcare Company for Violating the Health Breach Notification Rule

WilmerHale on

On May 17, 2023, the Federal Trade Commission (the “FTC”) reached a settlement with Easy Healthcare Corporation (“Easy Healthcare”), for its fertility-tracking app, Premom. The agency alleged that Easy Healthcare failed to...more

Perkins Coie

FTC's Second Settlement in Weeks Highlights Scrutiny on Businesses Processing Health Data for Advertising

Perkins Coie on

On March 2, 2023, following a 4-0 vote, the Federal Trade Commission announced a complaint and proposed consent order with BetterHelp, Inc., an online counseling platform that allegedly disclosed consumer health data to...more

Proskauer on Privacy

FTC’s One-Two Punch on Data Tracking and Health Privacy

Proskauer on Privacy on

On March 2, 2023, the Federal Trade Commission (FTC) announced that it had reached a $7.8 million settlement with mental health and online counseling platform, BetterHelp, Inc. (“BetterHelp”). The FTC alleged that BetterHelp...more

Holland & Knight LLP

FTC Seeks First-Ever Health Breach Notification Rule Enforcement: Pixel Users Beware

Holland & Knight LLP on

For the first time ever, the Federal Trade Commission (FTC) is seeking enforcement under the Health Breach Notification Rule. This regulation requires certain businesses not covered by the Health Insurance Portability and...more

Foley Hoag LLP - Security, Privacy and the...

Anonymization v. De-Identification, Post-Dobbs; Rumblings from the FTC

When is personal data “anonymized”? The answer to this question has largely been based on jurisdiction. If your business is in the U.S., so long as HIPAA or the CCPA does not govern, then generally aggregated or...more

Mintz - ML Strategies

Understanding the American Data Privacy and Protection Act

Mintz - ML Strategies on

On Friday, June 3, Representative Frank Pallone (D-NJ), Chairman of the House Energy & Commerce Committee, Representative Cathy McMorris Rodgers (R-WA), the committee’s Ranking Member, and Senator Roger Wicker (R-MS), Ranking...more

Kelley Drye & Warren LLP

Health and Fitness Apps and IoT Technologies Should Take Note: FTC Expands Interpretation of its Health Breach Notification Rule

In an aggressive expansion of its security and privacy enforcement programs, on September 15, 2021, the FTC issued what it characterized as a “Policy Statement” reinterpreting an old rule about personal health records....more

Knobbe Martens

Lessons From the Complaint Against Uber’s Former Chief Security Officer

Knobbe Martens on

On August 20, 2020, former Uber Chief Security Officer Joe Sullivan was charged with obstruction of justice and misprision of a felony for knowingly concealing a hack of Uber in 2016. Based on Sullivan’s complaint,...more

Dorsey & Whitney LLP

Case Update: In Consumer Data Breach Case, Eleventh Circuit Indicates Concern over Scope of FTC’s Enforcement Actions

Dorsey & Whitney LLP on

On June 21, 2017, the Eleventh Circuit Court of Appeals heard oral argument in LabMD, Inc. v. FTC, Case No. 16-16270, a case that is being carefully watched to see if it will clarify the limits of the Federal Trade...more

FordHarrison

Data privacy in the Americas - At a glance

FordHarrison on

As multinational employers are aware, data privacy laws can vary greatly from jurisdiction to jurisdiction. Ensuring compliance with the different requirements can be challenging, and the penalties for noncompliance can be...more

Bilzin Sumberg

New Potential Liability for Data Security: U.S. Court of Appeals for the Third Circuit Announces FTC has Authority to Scrutinize a...

Bilzin Sumberg on

The U.S. Court of Appeals for the Third Circuit announced that the Federal Trade Commission (FTC) has the authority to scrutinize a business’s data security protocol -- and to file a complaint if the FTC finds that protocol...more

Snell & Wilmer

Why You Need a Privacy Policy – Part 2: Avoiding Three Common Fumbles

Snell & Wilmer on

In Part 1, we covered some basic privacy policy concepts. Here in Part 2, we address three problems associated with privacy policies in practice. 1. You Don’t Have One, But You Really Should - There is no...more

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