Rescission of Policy Statement

UNITED STATES OF AMERICA
Federal Trade Commission
WASHINGTON, D.C. 20580
Rescission of Policy Statement
The Federal Trade Commission today rescinds the Statement of the Commission On
Breaches by Health Apps and Other Connected Devices (Sep. 15, 2021). Protecting the privacy of
Americans’ sensitive health information remains a top priority of the Commission.1 However, the
Commission has determined that the statement—contentious at the time of issuance2—provided
minimal benefit and has been superseded by rulemaking.3 Withdrawing the statement will
also advance 	President 	Trump’s 	deregulatory 	agenda4 and 	the 	Commission’s 	policy 	of
avoiding unnecessary use of subregulatory guidance. Each of these reasons is independently
sufficient to support the Commission’s decision to rescind this policy statement. Parties
understand 	that 	guidance 	generally 	creates 	neither 	substantive 	rights 	nor 	binding
obligations. 	Thus, 	the 	aforementioned reasons, alone and together, outweigh any reliance
interests parties may have.
1 See, e.g., Press Release, FTC and States Act Against Hims & Hers for Deceptive and Unlawful Privacy Practices
(Jul. 29, 2026), https://www.ftc.gov/news-events/news/press-releases/2026/07/ftc-states-act-against-hims-hers-
deceptive-unlawful-privacy-practices.
2 See, e.g., Dissenting Statement of Comm’r Noah Joshua Phillips Regarding the Policy Statement on Breaches by
Health Apps and Other Connected Devices (Sep. 15, 2021),
https://www.ftc.gov/system/files/documents/public_statements/1596328/hbnr_dissent_final_formatted.pdf;
Dissenting Statement of Comm’r Christine S. Wilson, Policy Statement on Breaches by Health Apps and Other
Connected Devices (Sep. 15, 2021),
https://www.ftc.gov/system/files/documents/public_statements/1596356/wilson_health_apps_policy_statement_diss
ent_combined_final.pdf.
3 See Health Breach Notification Rule, 89 Fed. Reg. 47028 (May 30, 2024).
4 See, e.g., Exec. Order No. 14192, Unleashing Prosperity Through Deregulation §§ 1, 5, 90 Fed. Reg. 9065 (Jan. 31,
2025); see generally Exec. Order No. 14267, Reducing Anti-Competitive Regulatory Barriers § 1, 90 Fed. Reg.
15629 (Apr. 15, 2025); Exec. Order No. 14219, Ensuring Lawful Governance and Implementing the President’s
“Department of Government Efficiency” Deregulatory Initiative §§ 1-2, 90 Fed. Reg. 10583 (Feb. 25, 2025).