FTC’s Heightened Scrutiny of Health Apps: Increased Enforcement Activity; Proposed HBNR Changes

With recent events underscoring the Federal Trade Commission’s (FTC) heightened scrutiny of and enforcement efforts against health app companies collecting or using consumer health information, it's imperative for these same companies to be attuned to the shifting landscape. In September 2021, the FTC released a statement affirming that health app companies who obtain or utilize consumers' medical data must comply with the Health Breach Notification Rule (HBNR) and are obliged to adhere to its notification requirements.

The FTC initiated two enforcement proceedings against health app businesses in early 2023. The agency claimed that the unauthorized release of information constituted a breach that was not reported by either company, in further violation of the HBNR. Subsequently, on May 18, 2023, the FTC proposed changes to the HBNR, which would make their previously mentioned policy statement and demonstrated enforcement actions official. The new regulation has altered definitions that broaden the scope of the HBNR and necessitate more robust notification requirements. In this webinar, Manatt will discuss the FTC's increased HBNR regulatory activity and the implications of the proposed HBNR rule changes.

Topics that will be covered include:

  • Looking forward—the FTC’s proposed rule and recent enforcement activity provides some insight into federal privacy and security regulation trends in the next 24 months.
  • The circumstances under which a company is subject to the HBNR.
  • Aspects to keep in mind with internal policy review to ensure HBNR compliance.
  • Best practices for the third-party due diligence process to examine vendor privacy policies and data handling.
  • Considerations when negotiating/drafting service agreements and terms of service with third parties that may be sharing consumer health information.


Scott T. Lashway, Privacy and Data Security Partner and Co-Leader, Manatt, Phelps & Phillips, LLP
Alice B. Leiter, Manatt Health Counsel, Manatt, Phelps & Phillips, LLP

Date and Time

Tuesday, September 26, 2023
10:00 – 11:00 a.m PT
1:00 – 2:00 p.m. ET


This program has been approved for 1.0 NY CLE Professional Practice (transitional and non-transitional) and is pending approval for 1.0 CA MCLE General credit.

If you would like to receive an audio transcript of this webinar due to accessibility issues, please email us at webinars@manatt.com.

This program does not constitute legal advice, nor does it establish an attorney-client relationship. Views expressed by presenters are strictly their own and should not be construed to be the views of Manatt or attributed to Manatt.



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