FTC Rescinds policy on Health App data breaches

The federal government produces a staggering number of records - 30 million cubic feet containing nearly 87 billion pages are housed in 18 Federal Records Centers located around the country. Thousands of federal employees are required to maintain these records and make them accessible to policymakers and the public.

The Federal Records Act, enacted in 1950, governs the collection, retention, and preservation of federal agency records. Congress deemed federal records worthy of preservation for the information they provide on the transaction of public business and also because they document the “organization, functions, policies, decisions, procedures, and essential transactions” of the government (44 U.S.C. §3301).

The FRA also governs how federal records are to be destroyed or provided to the National Archives and Records Administration (NARA) for “permanent” archiving within the National Archives of the United States.
https://www.congress.gov/crs_external_products/IF/PDF/IF11119/IF11119.1.pdf

In an effort to stem the tide, today's FTC presser provides guideposts to changes in health data regulation.

https://www.ftc.gov/news-events/news/press-releases/2026/09/ftc-withdraws-obsolete-policy-statement

FTC Withdraws Obsolete Policy Statement
Commission takes action to rescind unnecessary 2021 guidance document

September 9, 2026

The Federal Trade Commission rescinded the 2021 Policy Statement on Breaches by Health Apps and Other Connected Devices.

This controversial policy statement purported to apply the FTC’s Health Breach Notification Rule to health apps and connected devices that collect consumer health information. In 2024, however, the Commission updated the Health Breach Notification Rule to cover health apps and connected devices like fitness trackers, rendering the policy statement unnecessary.

In an executive order, President Donald J. Trump directed agencies to eliminate not just unnecessary rules, but also obsolete guidance documents and policy statements because they contribute to the “ever-expanding morass of complicated Federal regulation” without providing any benefit to American consumers.

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