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USA: FTC and HHS update guidance on consumer health information

On September 15, 2023, the Federal Trade Commission (FTC) announced that it and the U.S. Department of Health and Human Services (HHS) have updated the guidance on 'Collecting, Using, or Sharing Consumer Health Information? Look to HIPAA, the FTC Act, and the Health Breach Notification Rule'. In particular, the FTC highlighted that the guidance focuses on four primary sources:

  • the Health Insurance Portability and Accountability Act (HIPAA);
  • the HIPAA Privacy, Security, and Breach Notification Rules;
  • the Federal Trade Commission Act (the FTC Act); and
  • the Health Breach Notification Rule.

Furthermore, the FTC noted that the updated guidance addresses the scope of the above laws and regulations, as well as compliance requirements.

You can read the press release here and the Notice here.