; and (B) include such definitions for relevant terms that are necessary to accomplish the goals of the regulations set forth in subsection (a). (2) Requirements of secretary In the promulgation of regulations under subsection (a), the Secretary, to the extent practicable, shall— (A) consider the findings in the report issued by the Department of Health and Human Services to Congress entitled Examining Oversight of the Privacy & Security of Health Data Collected by Entities Not Regulated by HIPAA , including findings regarding individuals’ access rights, re-use of data by third parties, security standards applicable to data holders and users, confusion or ambiguity regarding terminology related to privacy and security protections, and the adequacy of collection, use, and disclosure limitations; (B) consider other regulations and guidance issued by the Federal Trade Commission, and other regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note), subtitle D of the Health Information Technology for Economic and Clinical Health Act ( 42 U.S.C. 17921 et seq.), Genetic Information Nondiscrimination Act ( Public Law 110–233 , 122 Stat. 881), the Common Rule as contained in part 46 of title 45, Code of Federal Regulations, and other related Acts; (C) consistent with paragraph (3), consider appropriate uniform standards for consent related to the handling of genetic data, biometric data, and personal health data; (D) consider exceptions to consent requirements under subparagraph (C) for purposes that may include law enforcement, academic research or research for the sole purpose of assessing health care utilization and outcomes, emergency medical treatment, or determining paternity; (E) consider appropriate minimum standards of security that may differ according to the nature and sensitivity of the data collected or stored on, or processed or transferred by, the consumer device, service, application, or software