The FTC warns makers of personal health records, mobile health apps, fitness devices and a variety of similar products and services that they will face stiff civil
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HealthInfoSec) • January 18, 2021 18 Minutes Twitter
Privacy attorney Kirk Nahra of the law firm WilmerHale
The prospects for passing a U.S. privacy law will improve under the Biden administration, predicts attorney Kirk Nahra, who monitors regulations. The fact that we have both a Biden administration and Democratic control of both houses of Congress makes it somewhat more likely there s a national privacy law sooner rather than later, he says in an interview with Information Security Media Group. But soon isn t tomorrow. It s not that the first priority of the new administration and new Congress, he notes. My prediction is that there is a reasonable likelihood of a national privacy law during the first term of the Biden administration, but that s four years long.
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The Federal Trade Commission announcement this week of a proposed health data privacy settlement with Flo Health, a fertility-tracking mobile app vendor, illustrates how the agency can play a critical role in helping ensure data not regulated under HIPAA is protected.
The Wilmington, Delaware-based app vendor has agreed to a major revamp of its privacy practices under a proposed settlement with the FTC. The commission alleged the startup company violated the FTC Act by misrepresenting to millions of women how it shared their sensitive health data with third-party analytics firms.
Under the proposed settlement, which will be finalized after a public comment period, Flo Health must get app users’ consent before sharing their health information. It also must obtain an independent review of its privacy practices.