FDA Appoints Acting Director of Medical Device Security, Signaling Increased Commitment to Medical Device Cybersecurity

Feb 26, 2021

Reading Time : 1 min

Medical device manufacturers can anticipate updated draft guidance on best practices in 2021.  The FDA released previous guidance in October 2018.2  Fu has also outlined his anticipated primary activities as the Acting Director of Medical Device Security during 2021:

  • Envisioning a strategic roadmap for the future state of medical device cybersecurity;
  • Assessing opportunities to fully integrate cybersecurity principles through the lens of the center’s total product life cycle model;
  • Training and mentoring the FDA’s Center for Devices and Radiological Health staff for premarket and postmarket technical review of medical device cybersecurity;
  • Engaging multiple stakeholders across the medical device and cybersecurity ecosystems; and
  • Fostering medtech cybersecurity collaborations across the federal government, including the National Institute of Standards and Technology, National Science Foundation, National Security Agency, Department of Health and Human Services, National Telecommunications and Information Administration, Cybersecurity and Infrastructure Security Agency, Department of Veterans Affairs, Department of Defense, Federal Trade Commission and others.3

Fu has separately urged that entities should involve security experts from the beginning of the design process for a new device and has encouraged companies to bring legacy medtech devices up to speed with the latest cybersecurity protections, explaining that “whether for manufacturers of the Internet of Things or medical devices, we’re not providing the necessary level of security engineering training that companies need.”  Fu noted that the FDA will be working closely with the U.S. Department of Health and Human Services (HHS) and the Cybersecurity and Infrastructure Security Agency (CISA) on sector incident and emergency response.


1https://news.umich.edu/u-m-professor-appointed-to-fda-medical-device-security-post.

2 https://www.fda.gov/regulatory-information/search-fda-guidance-documents/content-premarket-submissions-management-cybersecurity-medical-devices.

3 https://www.natlawreview.com/article/fda-names-first-acting-director-medical-device-cybersecurity.

Share This Insight

Previous Entries

Data Dive

March 3, 2025

On January 16, 2025, the Federal Trade Commission (FTC) issued a Final Rule updating the Children’s Online Privacy Protection (COPPA) Rule, significantly expanding compliance obligations for online services that collect, use, or disclose personal information from children under 13.1 The amendments impose new restrictions on targeted advertising, add data security requirements, refine parental consent mechanisms, and introduce additional compliance measures.

...

Read More

Data Dive

February 21, 2025

On January 8, 2025, the DOJ published a final rule prohibiting and restricting certain transactions that could allow persons from countries of concern, such as China, access to bulk sensitive personal data of U.S. citizens or to U.S. government-related data (regardless of volume).

...

Read More

Data Dive

January 22, 2025

On January 17, 2025, days before the inauguration, former President Joe Biden issued an executive order titled Strengthening and Promoting Innovation in the Nation's Cybersecurity (EO 14144). Building on previous efforts, including Executive Order 14028, this directive seeks to bolster cybersecurity across federal systems, supply chains and critical infrastructure from adversarial nations, particularly from the People’s Republic of China (PRC).

...

Read More

Data Dive

January 10, 2025

UPDATE: The California Privacy Protection Agency (CPPA) has extended the deadline for submitting public comments from January 14 to February 19, 2025, in response to the recent California wildfires. This extension aims to afford stakeholders additional time to provide comprehensive and detailed feedback, considering the significant challenges posed by the wildfires.

...

Read More

Data Dive

November 25, 2024

Treasury has issued a Final Rule to implement President Biden’s 2023 EO targeting U.S. investments in Chinese companies engaged in certain activities related to semiconductors, quantum computing or AI.

...

Read More

Data Dive

November 19, 2024

The European Union’s AI Office published the inaugural General-Purpose AI Code of Practice on November 14, 2024. The Code is intended to assist providers of AI models in their preparations for compliance with the forthcoming EU AI Act, to be enforced from August 2, 2025. The Code is designed to be both forward-thinking and globally applicable, addressing the areas of transparency, risk evaluation, technical safeguards and governance. While adherence to the Code is not mandatory, it is anticipated to serve as a means of demonstrating compliance with the obligations under the EU AI Act. Following a consultation period that garnered approximately 430 responses, the AI Office will be empowered to apply these rules, with penalties for nonconformity potentially reaching 3% of worldwide turnover or €15 million. Three additional iterations of the Code are anticipated to be produced within the coming five months.

...

Read More

Data Dive

November 15, 2024

On October 29, 2024, the DOJ issued a proposed rule prohibiting and restricting certain transactions that could allow persons from countries of concern, such as China, access to bulk sensitive personal data of U.S. citizens or to U.S. government-related data (regardless of volume).

...

Read More

Data Dive

October 17, 2024

During the course of any lending transaction, lenders will conduct a due diligence review of the borrower, including reviewing any relevant “know-your-customer” information.

...

Read More

© 2025 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.