FTC Withdraws Obsolete Policy Statement

The Federal Trade Commission rescinded the 2021 Policy Statement on Breaches by Health Apps and Other Connected Devices.

This controversial policy statement purported to apply the FTC’s Health Breach Notification Rule to health apps and connected devices that collect consumer health information. In 2024, however, the Commission updated the Health Breach Notification Rule to cover health apps and connected devices like fitness trackers, rendering the policy statement unnecessary. 

In an executive order, President Donald J. Trump directed agencies to eliminate not just unnecessary rules, but also obsolete guidance documents and policy statements because they contribute to the “ever-expanding morass of complicated Federal regulation” without providing any benefit to American consumers.