News & Analysis as of

Federal Trade Commission (FTC) Protected Health Information Enforcement Actions

BakerHostetler

DSIR Deeper Dive: Tracking the Crackdown on Tracking/Pixel Technologies: Web Litigation and Regulatory Landscape - Part 1

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Regulatory action and class action lawsuits related to pixels and other website technologies continued to surge in 2023 and 2024, particularly in the healthcare industry....more

BakerHostetler

Deeper Dive: FTC in 2024 Continues Aggressive Privacy Path - But Don’t Forget About that Rulemaking

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We have seen a dizzying amount of Federal Trade Commission (FTC or Agency) enforcement on the privacy front in 2024, with a heavy focus on the collection and sharing of health data, browsing and geolocation data, and...more

BakerHostetler

FTC Continues Focus on Disclosure of Health Information to Third-Party Technologies

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A recently announced settlement with online alcohol addiction treatment service Monument Inc. demonstrates the Federal Trade Commission’s (FTC) continued focus on the use and disclosure of health data. The proposed settlement...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

Health Care Compliance Association (HCCA)

[Event] Regional Healthcare Compliance Conference - May 9th - 10th, San Juan, Puerto Rico

Looking for compliance education and networking in your area? HCCA’s Regional Healthcare Compliance Conferences offer practitioners convenient, local compliance education on a wide variety of current and emerging topics...more

BakerHostetler

HHS OCR Provides Annual Report to Congress Detailing 2022 Enforcement Activities

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On Feb. 16, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published its 2022 Annual Report to Congress. ...more

American Conference Institute (ACI)

[Event] 15th Annual Advanced Forum on Managed Care Disputes and Litigation - May 2nd - 3rd, Chicago, IL

ACI’s Advanced Forum on Managed Care Disputes and Litigation offers an unparalleled learning experience, specifically designed for the MCO legal community. Attend and develop winning legal strategies and business best...more

Hinch Newman LLP

FTC and HHS Warn Hospital Systems and Telehealth Providers About Use of Technologies That Share Sensitive Health Information

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The Federal Trade Commission and the U.S. Department of Health and Human Services' Office for Civil Rights are cautioning hospitals and telehealth providers about the privacy and security risks related to the use of online...more

WilmerHale

FTC Proposes Changes to Clarify the Health Breach Notification Rule’s Applicability to Health Apps and Other Evolving Technologies

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On May 18, the Federal Trade Commission (FTC) proposed changes to the Health Breach Notification Rule (the HBNR or the Rule), including clarifying the rule’s applicability to health apps and other similar technologies. These...more

WilmerHale

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

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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

Akerman LLP - Health Law Rx

FTC Cracks Down on BetterHelp’s Sharing of Health Information for Advertising

Following its February settlement with GoodRx, the Federal Trade Commission (FTC) has fired another shot across the bow in its ongoing campaign to protect consumers’ digital health information. Earlier this month the FTC...more

Davis Wright Tremaine LLP

FTC Targets Tracking Pixels Amid Data Sharing Settlements with GoodRx, BetterHelp

Digital healthcare platforms using third-party tracking pixels should be on alert in light of the recent post issued by the Federal Trade Commission's new Office of Technology and the FTC's latest enforcement actions against...more

Wyrick Robbins Yates & Ponton LLP

Consent Horizon: BetterHelp to Pay $7.8 Million to Settle FTC Claims

On the heels of its $1.5 million enforcement action against GoodRx, the FTC is back with an enforcement action against BetterHelp, an online mental health counseling service. This time the price tag will be $7.8 million,...more

BakerHostetler

With New Enforcement Action, FTC Warns Against Health Information Being Used for Advertising Purposes

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If the Federal Trade Commission’s (FTC) recent pursuits did not make clear the agency’s deep concerns about the use of health information for advertising purposes, a new enforcement action brought by the FTC against...more

Orrick, Herrington & Sutcliffe LLP

FTC orders refunds over compromised health data

On March 2, the FTC filed a complaint against an online counseling service alleging the respondent violated the FTC Act by monetizing consumers’ sensitive health data for targeted advertising purposes. As part of the process...more

WilmerHale

Attorneys General Bring Multistate Data Breach Settlement Against DNA Testing Lab

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On February 17, 2023, the state attorneys general of Pennsylvania and Ohio reached a settlement with Ohio-based DNA Diagnostics Center (“DDC”) for a 2021 data breach that affected 2.1 million individuals nationwide and...more

Wyrick Robbins Yates & Ponton LLP

Not What the Doctor Ordered: GoodRx to Pay $1.5 Million in FTC’s First Enforcement of the Health Breach Notification Rule

The Federal Trade Commission earlier this month undertook an enforcement action against online pharmacy and telehealth provider GoodRx, in the latest example of the agency seriously pursuing its role as the nation’s de facto...more

King & Spalding

FTC Proposes Enforcement Action Prohibiting GoodRx from Disclosing Users’ Health Information for Advertising

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On February 1, 2023, the Federal Trade Commission (FTC) announced that it has taken enforcement action for the first time under its Health Breach Notification Rule (HBNR) against GoodRx Holdings Inc. (GoodRx), for allegedly...more

BakerHostetler

Latest FTC Health Privacy Case Sheds Light on Agency Health Privacy Approaches

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Health privacy has been a Federal Trade Commission (FTC) priority for decades, and indeed, one of its very first privacy cases, in the early 2000s, involved the inadvertent sharing of user health data. Fast-forward a few...more

Polsinelli

“First-of-Its-Kind” FTC Breach Enforcement Case on Hot-Button Website Tracking Issue

Polsinelli on

On February 1, 2023, the Federal Trade Commission (“FTC”) announced that it filed a “first-of-its-kind proposed order” under its Health Breach Notification Rule promulgated pursuant to section 13407 of the American Recovery...more

Epstein Becker & Green

FTC Brings Enforcement Action under FTC Act and Health Breach Notification Rule Based on GoodRx’s Use of Advertising Tracking...

On February 1, 2023, the FTC announced a proposed $1.5 million settlement with GoodRx Holdings, based on alleged violations of the Federal Trade Commission Act (“FTC Act”) and Health Breach Notification Rule (“HBNR”) for...more

WilmerHale

FTC Brings First of its Kind Enforcement Action against GoodRx for Violating the Health Breach Notification Rule

WilmerHale on

On February 1, 2023, the Federal Trade Commission (FTC) reached a settlement with digital health platform GoodRx for sharing users’ personal health information with third parties without properly disclosing their data...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #356 – GoodRx Settles with FTC for Sharing Health Information for Advertising

The Federal Trade Commission (FTC) announced on February 1, 2023 that it has settled, for $1.5M, its first enforcement action under its Health Breach Notification Rule against GoodRx Holdings, Inc., a telehealth and...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert | December 2019

SDNY Rejects Standing under “Increased Risk” Theory Where Data Not Targeted or Stolen - The Southern District of New York rejected a settlement that would have resolved a class action based on the unauthorized (and...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - October 2019 #4

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Although Amazon and Google respond to reports of vulnerabilities in popular home smart assistants Alexa and Google Home, hackers continually work hard to exploit any vulnerabilities in order to listen to users’ every word to...more

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