Steve Fox on the new PHR privacy rules

Bob Brewin of NextGov interviewed Steve Fox regarding the new privacy rules for vendors of personal health records (PHRs), and the applicability of such rules not only to PHR vendors such as Google and Microsoft, but also to the less obvious "related entities", a group so broad it may include an iPhone app:

Steven Fox, a lawyer with Post & Schell in Washington who co-chairs the firm's data protection group, agreed that the rules cover Google and Microsoft but said he wished FTC had specifically identified the two companies in the proposed rules.

The rules cover about 200 vendors of personal health record systems and 500 "related entities, which include online medication or weight tracking programs, and 200 third-party providers that offer billing and data services.

The related entities category could include low-cost iPhone applications that would have to comply with the potentially costly breach notification process, Dixon said. An online guide lists "100 Fabulous iPhone Apps for Your Health and Fitness," and Fox said these applications would be covered by the breach notification rules if they exchange information with personal health records.

("Proposed breach notification rule would affect more health vendors", NextGov, April 16, 2009.)

 

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