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Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Notices
did not do so, making the company liable under the rule.7
The Health Breach Notification Rule was first issued more than a decade ago, but the explosion in connected health apps make its requirements more important than ever. While we would prefer to see substantive limits on firms ability to collect and monetize our personal information, the rule at least ensures that services like Flo need to come clean when they experience privacy or security breaches. Over time, this may induce firms to take greater care in collecting and monetizing our most sensitive information.
Conclusion We are pleased to see a notice provision in todays proposed order, but there is much more the FTC can do to protect consumers data, and hold accountable those who abuse it. Where Congress has given us rulemaking authority, we should use it.8 And where we have rules already on the books, we should enforce them. Here, the Health Breach Notification Rule will have its intended effect only if the FTC is willing to enforce it.
We believe enforcing the rule was warranted here, and we respectfully dissent from the Commissions failure to do so. Particularly as we seek more authority from Congress in the privacy space, it is critical we demonstrate we are prepared to use the authorities we already have.
FR Doc. 202101697 Filed 12721; 8:45 am BILLING CODE 675001P
7 See 16 CFR 318.7 stating that a violation of the rule constitutes a violation of a trade regulation rule. Notably, Californias recent action against a similar fertility-tracking app charged with similar privacy violations included a $250,000 civil penalty. Press Release, Cal. Atty Gen., Attorney General Becerra Announces Landmark Settlement Against Glow, Inc.Fertility App Risked Exposing Millions of Womens Personal and Medical Information Sep. 17, 2020, https oag.ca.gov/
news/press-releases/attorney-general-becerraannounces-landmark-settlement-against-glow-inc%E2%80%93.
8 We have previously articulated opportunities to make use of our existing authorities when it comes to data protection. See Statement of Commissioner Rohit Chopra Regarding the Report to Congress on the FTCs Use of Its Authorities to Protect Consumer Privacy and Security, Commn File P065404 June 18, 2020, https www.ftc.gov/
public-statements/2020/06/statementcommissioner-rohit-chopra-regarding-reportcongress-ftcs-use-its; Remarks of Commissioner Rebecca Kelly Slaughter at Silicon Flatirons, The Near Future of U.S. Privacy Law, University of Colorado Law School Sep. 6, 2019, https
www.ftc.gov/system/files/documents/public_
statements/1543396/slaughter_silicon_flatirons_
remarks_9-6-19.pdf.

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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and Prevention 30Day210909

Agency Forms Undergoing Paperwork Reduction Act Review In accordance with the Paperwork Reduction Act of 1995, the Centers for Disease Control and Prevention CDC
has submitted the information collection request titled CDC Diabetes Prevention Recognition Program DPRP
to the Office of Management and Budget OMB for review and approval. CDC
previously published a Proposed Data Collection Submitted for Public Comment and Recommendations notice on June 15, 2020, to obtain comments from the public and affected agencies. CDC received 30 unique sets of public comments. Within the 30 sets of comments, there were 126 questions/
comments answered by CDC. This notice serves to allow an additional 30
days for public and affected agency comments.
CDC will accept all comments for this proposed information collection project.
The Office of Management and Budget is particularly interested in comments that:
a Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
b Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
c Enhance the quality, utility, and clarity of the information to be collected;
d Minimize the burden of the collection of information on those who are to respond, including, through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses; and e Assess information collection costs.
To request additional information on the proposed project or to obtain a copy of the information collection plan and instruments, call 404 6397570.
Comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/
do/PRAMain. Find this particular
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information collection by selecting Currently under 30-day ReviewOpen for Public Comments or by using the search function. Direct written comments and/or suggestions regarding the items contained in this notice to the Attention: CDC Desk Officer, Office of Management and Budget, 725 17th Street NW, Washington, DC 20503 or by fax to 202 3955806. Provide written comments within 30 days of notice publication.
Proposed Project CDC Diabetes Prevention Recognition Program DPRP OMB Control No.
09200909, Exp. 02/28/2021
RevisionNational Center for Chronic Disease Prevention and Health Promotion NCCDPHP, Centers for Disease Control and Prevention CDC.
Background and Brief Description CDCs Division of Diabetes Translation DDT established and administers the National Diabetes Prevention Programs National DPP
Diabetes Prevention Recognition Program DPRP, which recognizes organizations that deliver diabetes prevention programs according to evidence-based requirements set forth in the Centers for Disease Control and Prevention Diabetes Prevention Recognition Program Standards and Operating Procedures DPRP
Standards. Additionally, the Centers for Medicare and Medicaid Services CMS
Medicare Diabetes Prevention Program MDPP expansion of CDCs National DPP was announced in early 2016, when the Secretary of Health and Human Services determined that the Diabetes Prevention Program met the statutory criteria for inclusion in Medicares expanded list of healthcare services for beneficiaries https
innovation.cms.gov/initiatives/
medicare-diabetes-prevention-program/
. This is the first time a preventive service model from the CMS Innovation CMMI Center has been expanded.
After extensive testing of the DPP model in 17 sites across the U.S. in 20142016, CMS proposed the MDPP in Sections 1102 and 1871 of the Social Security Act 42 U.S.C. 1302 and 1395hh 424.59, authorizing CDC-recognized organizations to prepare for enrollment as MDPP suppliers beginning in January 2018 in order to bill CMS for these services. Only organizations in good standing with the CDC DPRP are eligible as MDPP suppliers. CDC continues to work with CMS to support the MDPP.
CDC requests an additional three years of OMB approval to continue collecting the information needed to administer the DPRP and information
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