That said, the FTC’s Press Release offers a good overview, which I will briefly summarize.īetterHelp offers online counseling services under several names, including BetterHelp Counseling. As with most cases like these, the details are important to understanding exactly what went wrong. The real JUICE of this is in the FTC Compliant, which I’ve republished at the end of this post and highly recommend reading. The FTC will publish a description of the consent agreement package in the Federal Register, and it will be subject to public comment for 30 days after publication in the Federal Register after which the Commission will decide whether to make the proposed consent order final. limit how long it can retain personal and health information according to a data retention schedule.įTC Commissioner Christine S.Wilson accepted the consent agreement with BetterHelp and issued a concurring statement resolving all allegations.direct third parties to delete the consumer health and other personal data that BetterHelp revealed to them and.put in place a comprehensive privacy program that includes strong safeguards to protect consumer data.obtain affirmative express consent before disclosing personal information to certain third parties for any purpose.In addition, the FTC’s proposed order will require BetterHelp to: The FTC Commissioner agreed that this alleged conduct violated Section 5 of the FTC Act. Today, the FTC issued a proposed order requiring BetterHelp, Inc., an online counseling service App, to pay $7.8 million to consumers to settle charges that it shared consumers’ health data (including sensitive mental health information) with third-party advertising platforms, including Facebook, Pinterest, Snapchat, and Criteo, after promising to keep such data private. Subscribe to HERE to Legal HIE’s compliance library to gain access to sample policies, documents and tools to help you stay on top of the newest compliance challenges in 2023! The FTC Health Breach Notification Rule was found to not apply here because records were not “drawn from multiple sources.”.BetterHelp failed to obtain the express consent of consumers before sharing their identifiable health information with FaceBook, Snapchat, and other 3rd parties.BetterHelp, an online counseling service App, falsely claimed it was certified “HIPAA Compliant” and maintained the privacy of consumer information.
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