Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Mental Health Mobile Apps And The Need To Update Federal Regulations To Protect Users, Kewa Jiang
Mental Health Mobile Apps And The Need To Update Federal Regulations To Protect Users, Kewa Jiang
Michigan Technology Law Review
With greater societal emphasis on the need for better mental health services coupled with COVID-19 limits, mental health mobile applications have significantly risen in variety, availability, and accessibility. As more consumers use mental health mobile applications, more data is generated and collected by mobile application companies. However, consumers may have the false assumption that the data collected is protected under HIPAA or have an expectation of privacy protection higher than current regulations afford. This Note examines HIPAA, Health Breach Notification Rule, and section 5 of the Federal Trade Commission Act, as well as how these regulations fall short of protecting …
Unreasonable: A Strict Liability Solution To The Ftc’S Data Security Problem, James C. Cooper, Bruce H. Kobayashi
Unreasonable: A Strict Liability Solution To The Ftc’S Data Security Problem, James C. Cooper, Bruce H. Kobayashi
Michigan Technology Law Review
For over two decades, the FTC creatively employed its capacious statute to police against shoddy data practices. Although the FTC’s actions were arguably needed at the time to fill a gap in enforcement, there are reasons to believe that its current approach has outlived its usefulness and is in serious need of updating. In particular, our analysis shows that the FTC’s current approach to data security is unlikely to instill anything close to optimal incentives for data holders. These shortcomings cannot be fixed through changes to the FTC enforcement approach, as they are largely generated by a mismatch between the …