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Secretary Leavitt Announces New Principles, Tools to Protect Privacy, Encourage More Effective Use of Patient Information to Improve Care

Client Alert | 1 min read | 12.18.08

On December 15, 2008, Health and Human Services Secretary Michael Leavitt announced new principles and tools to be used in order to protect patient information and confidentiality. The new principles were developed based on the recognition that the growing use of computers and electronic transmissions of patient information, while offering the potential to improve the quality of care, also pose significant privacy issues. The Secretary announced a new toolkit to guide efforts to protect patient information while maximizing the use of new technology for the provision of quality care. He expressed confidence that consumer trust would grow over time assuming protections are put into place.

First, the Secretary emphasized "Individual Access" to ensure that consumers are able simply and easily to obtain their personal health information. Consumers should also be able easily to obtain "Correction" of their information, including adding or amending material. Also important is "Openness and Transparency," which will ensure that consumers will understand the methods of collection, use, and disclosure of their protected health information. "Individual Choice" should empower consumers to make decisions about with whom, when, and how their personal information is shared or not shared. Also, a "Collection, Use, and Disclosure Limitation" should make sure that personal health information is only used to accomplish certain specified purposes.

With regard to "Data Integrity," the Secretary emphasized that those who hold records must ensure that the information is accurate and up-to-date. "Safeguards" should be put into place via administrative and other means to guarantee the confidentiality, integrity, and availability of information, as well as to prevent inappropriate use of the information. Finally, "Accountability" mechanisms must be put into place to ensure that those who tamper with or mishandle personal health information are held responsible.

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Client Alert | 5 min read | 08.21.26

FTC Proposes Enforcement Policy Statement on Personalized Pricing: What Businesses Need to Know

On August 19, 2026, the Federal Trade Commission (FTC) announced a proposed Enforcement Policy Statement on personalized pricing — the practice of companies using consumers’ personal data to set individualized prices, discounts, coupons, or other incentives. The proposed statement, which is open for public comment for 30 days following publication in the Federal Register, marks a major step up in the FTC’s focus on data-driven pricing strategies and puts businesses across industries on notice that undisclosed or inadequately disclosed personalized pricing will not be tolerated. Importantly, while the proposed statement is not a binding legal requirement and does not create new legal obligations, it serves as an enforcement warning that the FTC is prepared to use its existing enforcement authority under Section 5 of the FTC Act (Section 5) and is also a potential harbinger of rulemaking. Businesses that engage in — or are considering — personalized pricing should carefully assess their disclosure practices and data collection procedures against the standards articulated in this statement....