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Patricia O'Connell
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Kirk Nahra Comments on Apple’s Privacy Rules for Apps Using HealthKit Platform

eHealth Law & Policy
September 8, 2014

Kirk J. Nahra, chair of Wiley Rein’s Privacy Practice and co-chair of the Health Care Practice, was quoted in the September issue of eHealth Law & Policy in an article about new privacy rules issued by Apple for mobile applications that use Apple’s new HealthKit platform.

The Health Insurance Portability and Accountability Act (HIPAA) “does not cover all health care data, but only certain data that flows through health insurers, hospitals or other health care providers,” Mr. Nahra said.  “This means that the data Apple gathers across HealthKit could fall through the gaps and may not be regulated.”

“The move to impose new rules on developers is Apple’s attempt to get ahead of the privacy issue and close the gaps,” he added.  “What Apple is doing is setting up some boundaries to protect health data, which may indicate that Apple is willing to trade off some opportunities presented by the data to make sure the consumer feels comfortable.”