Protecting Consumer Health Data: FTC and State Actions to Close the Privacy Gap

An increasing amount of consumer health data today is collected through wearables, apps, websites and online services that fall outside of the health care system. The vast majority of this information is not protected by the Health Insurance Portability and Accountability Act (HIPAA), the nation’s primary health privacy law. Enacted in 1996, HIPAA was adopted in a world where most health data was held by or for traditional health plans and providers. Today’s companies operating mobile apps, search engines, social media platforms and other new technologies often are not subject to HIPAA or other health privacy laws, even though they hold a growing volume of health information. The result is a privacy gap that can leave even our most sensitive health data vulnerable, presenting a growing challenge, particularly in the face of the Dobbs decision.

Although Congress has been working on comprehensive privacy legislation to better protect consumer health data for years, no new law is imminent. In the absence of comprehensive data privacy legislation, the Federal Trade Commission (FTC) and states are stepping in to shore up protections for this vulnerable—and valuable—data. In a new webinar—the first in our 2023 privacy series—Manatt will examine the current data privacy landscape and actions on the horizon. Key topics that will be covered include:

  • The types of data being collected and stored outside the health care system
  • The under-protection—and particular vulnerabilities—of consumer health data
  • The actions being taken at the federal level, especially within the FTC, to advance the privacy of consumers
  • The ways that states are stepping in to broaden protections of health data outside the health care system


Alice Leiter, Counsel, Manatt Health
Brandon Reilly, Partner, Privacy and Data Security

Date and Time:

Wednesday, February 8


This program has been approved for 1.0 NY CLE Skills (transitional and non-transitional) and 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

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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