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Consent DecreeLow Risk

FTC Settles Flo Health for Sharing Fertility App Data Without Consent

Flo Health, Inc.January 13, 2021Federal Trade Commission

Consumers Affected

100,000,000

Summary

The FTC settled with Flo Health, Inc., developer of a popular fertility-tracking app, alleging it misled users by sharing sensitive health data with third-party analytics providers like Facebook and Google after promising to keep such data private. The proposed consent order requires Flo to obtain user consent before sharing health data, notify affected users, and destroy previously shared data, among other requirements.

Remedy

Flo Health is prohibited from misrepresenting its data practices, must obtain affirmative consent before sharing users' health information, notify affected users about the prior disclosures, and instruct third parties to destroy the shared health data. The company must also undergo an independent review of its privacy practices.

Consent DecreeData DeletionCorrective NoticeAudit Requirement

Contract Impact

In-house legal teams should review vendor agreements with analytics/marketing providers (e.g., Facebook, Google) for unauthorized health data sharing clauses, customer terms of service and privacy policies for consent mechanisms regarding sensitive health information, and data processing agreements to ensure they mandate explicit opt-in consent before disclosing health data. Specific clauses to scrutinize include data sharing restrictions, consent requirements, data retention/deletion obligations, and breach notification provisions. Changes may be needed to incorporate granular consent for health data sharing, update privacy notices to reflect actual practices, and add enforceable data destruction timelines to align with the consent order.

Contract Search Terms

health data sharing clausethird-party analytics provider agreementuser consent for health informationdata processing addendum (health data)sensitive health information definitionprivacy policy integration clausedata destruction provisionbreach notification for health dataanalytics SDK termsdata retention schedule for health data

Laws Cited

EU-U.S. Privacy ShieldSwiss-U.S. Privacy Shield

Violation Types

Entity Details

Entity

Flo Health, Inc.

Also known as: Flo Health

Industry

Healthcare

Official Sources

Source Evidence

Entity Name
"Flo Health, Inc."
Violation Types
"Flo disclosed health data from millions of users of its Flo Period & Ovulation Tracker app to third parties that provided marketing and analytics services to the app, including Facebook’s analytics division, Google’s analytics division, Google’s Fabric service, AppsFlyer, and Flurry."
Violation Types
"Flo disclosed sensitive health information, such as the fact of a user’s pregnancy, to third parties in the form of “app events,” which is app data transferred to third parties for various reasons."
Laws Cited
"The FTC also alleges that Flo violated the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield frameworks,which,among other things, require notice, choice, and protection of personal data transferred to third parties."
Remedy Types
"As part of the proposed settlement, Flo is prohibited from misrepresenting the purposes for which it or entities to whom it discloses data collect, maintain, use, or disclose the data... In addition, Flo must notify affected users about the disclosure of their personal information and instruct any third party that received users’ health information to destroy that data."
Consumers Affected
"The developer of a period and fertility-tracking app used by more than 100 million consumers"

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