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January 5, 2024

FTC Proposes Amendments to Strengthen and Modernize the Health Breach Notification Rule | Federal Trade Commission

FTC
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Summary
FTC seeking comment on proposed changes to Health Breach Notification Rule (HBNR) to clarify rule's relevance to health applications and other tech. Advances increase health data quantity and marketing incentive, but proposed amendments aim to respond to tech changes and market trends. Rule mandates breach notification by non-HIPAA covered personal health records vendors and related entities. FTC keen on personal health data protection, has taken multiple recent action against misuse. Proposed rule changes aim to extend HBNR's reach to non-HIPAA apps and technology, define "breach of security", clarify PHR related entity meaning, authorize expanded breach notice, and improve rule readability. Public comments invited for 60 days post Federal Register notice.

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