Using consumer health data: Some considerations for companies

As the Federal Trade Commission staff discussed at a seminar about consumer generated and controlled health data, people are turning to apps, devices, and websites to manage their own health information. We talked about the contours of the compliance landscape. Especially when it comes to the sensitive subject of health data, one key takeaway is the importance that sound privacy and security practices can play in developing consumer confidence. Here are some more considerations if you or your clients are entering this burgeoning marketplace.

Think through what you collect and how you use it. Companies in this industry have said they need to collect personal data for functionality purposes. But it’s also important to put sensible policies in place regarding the collection and retention of consumer data.

Is “de-identification” an option? Another way to reduce risk is to de-identify the data you collect.

Consider consent. Of course, if those options don’t meet your business goals, you can always ask consumers for their consent to collect health information.

Give customers the straight story. However you choose to tell consumers about what you do with their information, don’t use legalese, bury it in a multi-screen privacy policy or terms of service, or use deception to get consent.

Build security in from the get-go. In this arena, security vulnerabilities can jeopardize not only consumers’ data, but also their health.