Online Tracking Technology Health Privacy Risks and Dangers

Tracking technologies are tiny, hidden pieces of code that capture information from website visitors and mobile health app users, including their individually identifiable health information. Tracking tech can then forward an individual’s health information directly to others who are not bound by health information protection laws. Recent research documented the widespread use of tracking tech on healthcare provider websites and on health apps.

In response, the U.S. Department of Health and Human Services (HHS) and the Federal Trade Commission (FTC) are targeting health information tracking tech. And so are private individuals filing a rapidly growing number of class action lawsuits across the country against healthcare providers and tracking tech vendors.

• Many healthcare providers do not realize they have tracking tech on their websites.
• HHS warned covered entities and business associates that the use of tracking tech must comply with HIPAA Rules and announced it is actively investigating potential violations right now.
• The FTC has completed three major enforcement actions so far this year against healthcare organizations GoodRx Holdings, Inc., Easy Healthcare Corp. (Premom app), and Better Help, Inc. for collecting and disclosing consumer health information in violation of FTC regulations. Non-HIPAA-regulated entities like commercial health apps are subject to the FTC’s Health Breach Notification Rule.
• On July 20, 2023, HHS’s Office for Civil Rights (OCR) and the FTC sent a joint letter warning approximately 130 hospital systems and telehealth providers about serious privacy and security risks related to online tracking technologies that may be present on their websites or mobile apps and impermissibly disclose sensitive personal health information to third parties.
• Class action lawsuits rooted in tracking tech disclosure of health information grow rapidly throughout the United States. Some defendants have already agreed to costly settlements.

This webinar reviews Online tracking Technologies, government, and private enforcement, what to do, and how to protect your organization going forward.

• What is Online Tracking Technology?
• How Information Harvested by Tracking Tech is Used
• Enforcement
  • o OCR, FTC, Class Action Lawsuits
• Provider Arguments that OCR Tracking Tech Guidance is Wrong
• How to Find and Remove Tracking Tech

Online tracking technologies capturing individual health information are suddenly in the crosshairs of government regulators and private people, bringing class action lawsuits. You may not know your organization is using tracking tech, or you may not realize the risks of tracking tech. Attend this webinar to learn about online tracking technologies and options to protect your organization.

• Health Care Providers
• Health Plans
• Business Associates
• Third-Party Health Plan Administrators
• Compliance Committee Members – Board of Directors

Executive Staff

• Senior Management
• HIPAA Compliance Officials – Privacy and Security Officers
• Information Technology Managers
• Practice and Office Managers
• Patient Engagement Specialists
• Risk Managers
• Health Care Providers practicing as individuals or in small groups
• Third-Party Group Health Plan Administrators
• Group Health Plan Administrators
• Attorneys for Covered Entities – In-house and Outside Counsel