Fertility App Settles Allegations It Shared Users' Sensitive Health Information Without Consent

  • The FTC reached a settlement with fertility app developer Flo Health, Inc. to resolve allegations that its app, Flo Period & Ovulation Tracker, misled consumers about the privacy and security of their sensitive health information in violation of the FTC Act.
  • The complaint alleged that Flo Health shared users’ individual fertility data—which was linked to a unique advertising identifier for each user—with third parties, despite claims that it protected users’ sensitive information and its Privacy Policy which stated that third parties would only receive non-personally identifiable information, among other things.
  • Under the terms of the proposed consent order, Flo Health will be prohibited from making false or deceptive statements about its data privacy and security practices and the extent to which consumers can control the sharing of their information, must obtain a user’s express informed consent before sharing that user’s health information with a third party, and must request third parties to delete information obtained from app users, among other things.