FTC Commissioners’ Dissent On Breach Notification Rule Offers Script For Suits

The two GOP commissioners’ arguments that the Federal Trade Commission overstepped its legal authority in late April when it broadened its Breach Notification Rule to cover personal health information not covered by the Health Insurance Portability and Accountability Act offer a roadmap for stakeholders to sue over the rule. The dissenting commissioners specifically say FTC legally erred in defining furnishers of health care apps and any online services that track health conditions or other medical-related information as covered health care...