Written by: Davis Wright Tremaine LLP, Patrick Austin and Adam Greene
MARCH 22, 2023 – Digital healthcare platforms using third-party tracking pixels should be on alert in light of the recent post issued by the Federal Trade Commission’s new Office of Technology and the FTC’s latest enforcement actions against two digital healthcare platforms, GoodRx and BetterHelp, strictly limiting the use of third-party tracking pixels for the unauthorized sharing of user health data for marketing and advertising. The FTC alleged that the third-party tracking pixels had enabled both platforms to collect, analyze, and infer information about user activity, facilitating targeted advertising.
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Here are some other helpful resources, news stories, press releases, opinions and articles about HIPAA, Pixel Tracking, Tracking Technologies and more …
HHS.gov | Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates
FIERCE HEALTHCARE | HHS bulletin clarifies when pixel tracker use may violate HIPAA
Becker’s Health IT | Why health systems website pixel tracking tools can’t be used for marketing
JD SUPRA, LLC. | FTC Targets Tracking Pixels Amid Data Sharing Settlements with GoodRx, BetterHelp
JD SUPRA, LLC. | Lawsuits Reinforce Importance of Health Care Websites being HIPAA Compliant
HHS.gov | What is a tracking technology?
The National Law Review | FTC Focuses on Pixel Tracking, and Not Just at Healthcare Companies
The National Law Review | HIPAA Regulated Entities: Website or App Tracking Technologies, Pixels Can Create Significant Compliance and Litigation Risks
The FTC Office of Technology | Lurking Beneath the Surface: Hidden Impacts of Pixel Tracking
The Markup | The FTC Is Taking on Telehealth’s Data Sharing Problem—Starting with GoodRx
REED SMITH, LLP. | HHS OCR Issues Bulletin on HIPAA Compliance for Tracking Technologies
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