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Data Privacy and Security Considerations for Mobile Health App Developers and Their Counsel

In light of the evolving legal and regulatory landscape, app developers and their counsel should examine developers’ privacy and security practices and take steps to safeguard sensitive data related to reproductive health.

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In the wake of the Supreme Court’s landmark decision in Dobbs v. Jackson Women’s Health Organization, issues surrounding the privacy and security of health information have been top of mind for health care providers, consumers, and legislators. The Department of Health and Human Services Office for Civil Rights (OCR), the Federal Trade Commission (FTC), and the California Attorney General have all released guidance addressing the collection, storage, and use of sensitive information concerning reproductive health, signaling increased enforcement in this area. Proposed federal legislation would impose additional obligations on providers of apps and devices that store health and location data. In light of the evolving legal and regulatory landscape, app developers and their counsel should examine developers’ privacy and security practices and take steps to safeguard sensitive data related to reproductive health.

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