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FTC RIN: 3084-AB56 Publication ID: Fall 2019 
Title: Health Breach Notification Rule 
Abstract:

The Commission plans to initiate periodic review of the Health Breach Notification Rule (Rule) by June 2020. This Rule requires vendors of personal health records (PHR) and PHR-related entities to provide: (1) Notice to consumers whose unsecured personally identifiable health information has been breached; and (2) Notice to the Commission. Under the Rule, vendors must notify both the FTC and affected consumers "without unreasonable delay and in no case later than 60 calendar days" after discovery of the breach. Among other information, the notices must provide consumers with steps they can take to protect themselves from harm.

The FTC's Rule applies only to health information that is not secured through technologies specified by the Department of Health and Human Services (HHS). Also, the FTC's Rule does not apply to businesses or organizations covered by the Health Insurance Portability and Accountability Act (HIPAA). In case of a security breach, entities covered by HIPAA must comply with HHS’ breach notification rule.

 

 
Agency: Federal Trade Commission(FTC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Prerule Stage 
Major: Undetermined  Unfunded Mandates: No 
EO 13771 Designation: Independent agency 
CFR Citation: 16 CFR 318   
Legal Authority: sec. 13407 of the American Recovery and Reinvestment Act of 2009   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Rule Review; Request for Comments  06/00/2020 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Related RINs: Previously reported as 3084-AB17 
Agency Contact:
Robin Wetherill
Attorney
Federal Trade Commission
600 Pennsylvania Avenue NW,
Washington, DC, 20580
Phone:202 326-2220
Email: rwetherill@ftc.gov