FTC如何守护消费者健康信息隐私.pdf

1、FTC Efforts to Protect the Privacy of Consumer Health InformationRobin Rosen Spector,JDAttorney,Division of Privacy and Identity Protection,Federal Trade CommissionAdam Greene,JD,MPHPartner,Davis Wright Tremaine LLPWELCOME AND INTRODUCTIONSAgenda Recent FTC Action on Health Privacy Differences Betwe

2、en FTC Authority and HIPAA Understanding FTCs Expectations for Health Privacy Audience Q&AFTC Background Independent law enforcement agency with 2-part mandate Consumer protection Competition Primary tool is Section 5 of the FTC Act,which prohibits unfair or deceptive acts or practices Health Breach

3、 Notification Rule Requires notification of the breach of unsecured identifiable health information in personal health records(PHRs)to individuals,FTC,and(in some cases)the media Applies to:Vendors of personal health records PHR related entities Third party service providersHealth Breach Notificatio

4、n Rule 2021 Policy Statement 2023 Enforcement actions GoodRx Easy Healthcare(Premom)2023 Notice of Proposed RulemakingRecent Enforcement Actions GoodRx BetterHelp Easy Healthcare(Premom)1Health.io(Vitagene)Warning letters to 130 hospital systems&telehealth providers Location data broker casesGoodRx

5、Telehealth and discount drug provider allegedly shared health information with third parties for advertising without consent and contrary representations and misrepresented its compliance with HIPAA,DAA Complaint alleges violations of:HBNR(first ever)Section 5(unfairness and deception)BetterHelp Men

6、tal health and telehealth counseling service allegedly shared health information with third parties for advertising without consent and contrary representations to consumers Complaint alleges violations of Section 5 Deception:failure to disclose+misrepresentations Unfairness:failure to use reasonabl