The decision represents the second application of the Health Breach Notification Rule ( HBNR) and continues a trend of scrutinizing the sharing of “user personal health data” with third parties for the purposes of advertising. [...] 10 California’s comprehensive privacy law, which does not require individual consent for the processing of sensitive data, establishes that people have the right to, “at any time…direct a business that collects sensitive personal information about the consumer to limit its use of the consumer’s sensitive personal information to that use which is necessary to perform the services or provide the goo. [...] This program should be reasonably designed to protect the security, privacy, confidentiality, and integrity of genetic data against risks–such as unauthorized access or use, or unintended or inappropriate disclosure or b reach–through the use of administrative, technological, and physical safeguards appropriate to the sensitivity of the information. [...] p hysical or mental health or condition of an individual, the provision of health care to an individual, and: (a) identifies the individual; o r (b) with respect to which there is a r easonable basis to believe that the i nformation can be used to identify the individual. [...] “ Health Information” means medical records and other individually identifiable information relating to the past, present, or future physical or mental health or conditions of an individual, the provision of Fertility app Premom (developed by Easy health care to an individual, or the past, Healthcare) violated the Health Breach p resent, or future payment for the provision Notification Rule and de.
- Pages
- 45
- Published in
- United States of America
