On May 18, 2023, the Federal Trade Commission (FTC) issued a proposed rule that would expand the existing Health Breach Notification Rule (HBNR) to cover health applications (apps) and other similar technologies. Given the rapid evolution of the health technology industry since the HBNR was issued in 2009, the FTC has expressed concern that the rule fails to cover widely used health apps and connected devices, thereby failing to fully protect the users of these technologies.

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