The FTC rescinded its 2021 Policy Statement on Breaches by Health Apps and Other Connected Devices, which had purported to apply the Health Breach Notification Rule to health apps and connected devices that collect consumer health information. The rescission follows the Commission's 2024 update to the Health Breach Notification Rule, which already covers health apps and connected devices like fitness trackers, and implements an executive order directing agencies to eliminate obsolete guidance documents. No company was charged or penalized; this is a deregulatory action.
None. This action rescinds agency guidance rather than imposing remedies; no penalties, injunctions, or compliance requirements were imposed on any entity.
Although this action rescinds guidance rather than imposing penalties, it confirms that the FTC's Health Breach Notification Rule, as amended in 2024, directly covers health apps and connected devices such as fitness trackers that collect consumer health information. In-house teams at companies offering health apps, wearables, or connected health products should review vendor agreements and data processing agreements for breach notification clauses that align with the rule's scope and timing requirements, confirm that service providers are contractually obligated to notify the company of breaches involving consumer health information within rule-compliant timelines, and verify that customer terms and privacy policies accurately reflect breach notification obligations. Teams should also audit any compliance documentation, vendor questionnaires, or contract recitals that cite the now-rescinded 2021 policy statement and update them to reference the amended Health Breach Notification Rule directly.
Entity
Federal Trade Commission
Industry
OtherOfficial Press Release
https://www.ftc.gov/news-events/news/press-releases/2026/09/ftc-withdraws-obsolete-policy-statement
Health Breach Commission Statement
https://www.ftc.gov/system/files/ftc_gov/pdf/Health-Breach-Commission-Statement.pdf
Federal Trade Commission Enforcement Page
https://www.ftc.gov/enforcement
"September 9, 2026"
"The Federal Trade Commission works to promote competition and"
"rescinded the 2021 Policy Statement"
"Health Breach Notification Rule to health apps and connected devices that collect consumer health information"
"the Commission updated the Health Breach Notification Rule to cover health apps and connected devices like fitness trackers, rendering the policy statement unnecessary"
"President Donald J. Trump directed agencies to eliminate not just unnecessary rules, but also obsolete guidance documents and policy statements"
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