United States of America: Adopted FTC Amendments to Health Breach Notification Rule

On 26 April 2024, the US Federal Trade Commission (FTC) adopted amendments to the Health Breach Notification Rule (HBNR). The Health Breach Notification Rule (HBNR) applies to health apps and similar technologies that are not covered by the Health Insurance Portability and Accountability Act (HIPAA). The finalised changes to the HBNR expand the information that entities must provide to consumers in case of a breach of their health data. The amended rule includes revised definitions, clarification of breach criteria, expanded electronic notification methods, and improved consumer notice content as well as timing requirements. The final rule will become effective 60 days after its publication in the Federal Register.