How the FTC’s new data breach mandate could impact health apps and US consumers

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How the FTC's new data breach mandate could impact health apps and US consumers

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The FTC has announced a policy this week requiring app makers that capture sensitive consumer data and health records to inform the FTC, US consumers, and in some cases, the media in the event of any security breaches. A 2009 health mandate already required these apps to report security breaches, but the FTC has extended the policy to apply specifically to health apps and devices, as lack of enforcement in the past has caused misunderstandings.

If these companies don't comply with the rule, the FTC will enforce fines of $43,792 per violation, per day.

By and large, more health apps have entered the market—in fact, 90,000-plus health apps were released last year, according to IQVIA. And while this mandate will certainly affect developers, particularly those releasing digital health apps, it may not be enough to stymie consumer uptake. Roughly 60% of US wearable device consumers ages 14 and older said they were not concerned about the privacy of the information being collected by their wearable devices and health apps, according to a July 2021 Deloitte Connectivity and Mobile Trends report.

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In addition to holding tech firms more accountable, the mandate may prevent the commodification of sensitive health information and the unauthorized sharing of this data with advertisers. This is particularly relevant after a number of high-profile breaches of health apps in recent years. For example, the period tracking app Flo was found to share users' health data with third-party analytics and marketing services like Facebook and Google in 2019, per TechCrunch.

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