n May 18, 2023, the Federal Trade Commission announced it is seeking comment to proposed changes to the Health Breach Notification Rule.
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Health Privacy
New York State Passes Prohibition on Geofences Around Health Care Facilities
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Posted in Health Privacy, U.S. State Law
On May 3, 2023, New York Governor Kathy Hochul signed into law fiscal bill A.3007C/S.4007, which contains provisions prohibiting the establishment of a geofence around health care facilities.
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FTC Brings Enforcement Action Against Pregnancy App for Sharing Sensitive Data
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On May 17, 2023, the Federal Trade Commission issued a consumer alert regarding the Premom Ovulation Tracker app sharing of sensitive information with third parties without users’ permission.
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Washington Likely to Become First State to Enact a Comprehensive Health Privacy Law
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Posted in Health Privacy, U.S. State Law
On April 17, 2023, the Washington State House concurred to the Washington State Senate’s amendments to Washington State House Bill 1155, the My Health My Data Act, clearing the bill’s way to Governor Jay Inslee for a final signature. …
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HHS Issues NPRM to Strengthen Protections under HIPAA for Reproductive Privacy
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Posted in Health Privacy
On April 12, 2023, the U.S. Department of Health and Human Services issued a Notice of Proposed Rulemaking to modify protections under the Health Insurance Portability and Accountability Act of 1996 to strengthen reproductive health care privacy.
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FTC Announces Proposed Order against BetterHelp for Disclosing Sensitive Mental Health Information to Third Parties for Targeted Advertising Purposes
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Posted in Health Privacy, Online Privacy
On March 2, 2023, the FTC announced a proposed order against BetterHelp, Inc., an online mental health counseling service, for sharing consumer data, including sensitive mental health information, with third parties for targeted advertising and other purposes. …
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Illinois Federal Court Rules that BIPA Health Care Exemption Applies to Sunglasses Virtual Try-On Tool
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On February 10, 2023, an Illinois federal district court ordered the dismissal of a putative class action lawsuit alleging that an online tool that allowed users to virtually try on sunglasses violated the Illinois Biometric Privacy Act. …
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GoodRx to Pay $1.5 Million in First Ever FTC Health Breach Notification Rule Enforcement Action
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On February 1, 2023, the Federal Trade Commission announced that it entered into a proposed order with GoodRx, a telehealth and prescription drug discount provider, for violations of the FTC’s Health Breach Notification Rule stemming from GoodRx’s unauthorized disclosures of consumers’ personal health information to third party advertisers and other companies.
Continue Reading GoodRx to Pay $1.5 Million in First Ever FTC Health Breach Notification Rule Enforcement Action
HHS Releases Bulletin on Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates
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On December 1, 2022, the Office for Civil Rights at the U.S. Department of Health and Human Services released a Bulletin on the obligations of HIPAA covered entities and business associates under the HIPAA Privacy, Security, and Breach Notification Rules when using online tracking technologies. …
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FTC Releases Updated Mobile Health App Compliance Tool
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On December 7, 2022, the Federal Trade Commission released an updated Mobile Health App Interactive Tool to help developers determine what federal laws and regulations apply to apps that collect and process health data.
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