Is the Federal Trade Commission (FTC) considering amending its health data breach notification rule?

“The Federal Trade Commission is seeking comment on whether proposed changes should be made to a decade-old rule that requires certain companies that provide or service personal health records to notify consumers and the Commission of a data breach,” the agency writes in a recent notice published in the Federal Register.

The Health Breach Notification Rule, which went into effective in 2009, requires vendors of personal health records and related entities that are not covered by the Health Insurance Portability and Accountability Act (HIPAA) to notify individuals, the FTC, and, in some cases, the media of a breach of unsecured personally identifiable health data.

Currently, the rule requires such entities to provide notifications within 60 days after discovery of the breach. If more than 500 individuals are affected by a breach, however, entities must notify the FTC within 10 business days.

Read the FTC’s comment notice.

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