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May 26, 2023

FTC Seeks Comments on Proposed Changes to the Health Breach Notification Rule

The Federal Trade Commission (“FTC”) released proposed changes to the Health Breach Notification Rule (“HBNR”) last week and is seeking comment on the proposed changes. The proposed rule include clarifications of the HBNR’s applicability to health apps and similar technologies in light of health apps and other direct-to-consumer health tech having become more commonplace since the HBNR became effective. Earlier this year, the FTC announced its first enforcement action under the HBNR against telehealth and prescription drug discount provider GoodRx Holdings Inc.

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