FTC Health Breach Rule Poised for More Litigation After Updates

Makers of health-related mobile apps and other businesses soon covered by the Federal Trade Commission’s amended rule on health data breach notifications set to take effect July 29 could have to endure increasing litigation.

The amendments, finalized in April, make companies that provide health-care services and pull health information from multiple sources subject to the FTC’s breach notification rule. These companies make up a growing class of health apps not currently covered by the Health Insurance Portability and Accountability Act.

Some attorneys raised concerns that the agency’s unwillingness to more clearly define what constitutes authorized access could lead ...