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FTC Slides for ONC HIPAA Webinar
1. Section 5 of the FTC Act broadly prohibits “unfair
or deceptive acts or practices in or affecting
commerce.”
◦ Deception: a material representation or omission that is
likely to mislead consumers acting reasonably under the
circumstances
◦ Unfairness: a practice that causes or is likely to cause
substantial injury to consumers that is not outweighed
by countervailing benefits to consumers or competition
and is not reasonably avoidable by consumers
Flexible law that can be applied to many different
situations, entities, and technologies
3. Tell the truth about what your app can do.
Disclose key information clearly and
conspicuously.
Build privacy considerations in from the start.
Be transparent about your data practices.
Offer easy to find and easy to use choices.
Honor your privacy promises.
Protect kids’ privacy.
Collect sensitive information (like health info)
only with consent.
Keep user data secure.
4. FTC Business Center (business.ftc.gov)
Marketing your Mobile App
Mobile App Developers: Start with Security
Complying with the FTC’s Health Breach Notification
Rule