On May 17, 2023, the Federal Trade Commission (FTC) announced a proposed settlement agreement (in the form of a stipulated order)1 with Easy Healthcare Corporation, which operates the Premom fertility tracking app (Premom). The FTC alleges Premom misrepresented its data sharing practices to consumers and failed to provide notice to users when it shared their health information without their consent.
This is the second enforcement action that the FTC has brought under its broad interpretation of the Health Breach Notification Rule (HBNR), following its first HBNR enforcement action in February against GoodRx. The close proximity between these two enforcement actions, combined with the FTC’s Notice of Proposed Rulemaking modifying the HBNR (NPRM) last week, indicates the FTC’s continued interest in regulating digital health privacy.
