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On July 20, 2023, the Federal Commerce Fee (“FTC”) and the Workplace for Civil Rights of the USA Division of Well being and Human Companies (“OCR”) introduced that they’d despatched a warning letter to about 130 hospital programs and telehealth suppliers, alerting them concerning the dangers and considerations of utilizing on-line monitoring applied sciences, such because the Meta/Fb pixel and Google Analytics, which may monitor customers’ on-line actions.
Within the letter, the FTC and OCR reiterated the dangers posed by the unauthorized disclosure of an people’ private well being data—similar to well being circumstances, diagnoses, and medicines, amongst different gadgets—to 3rd events. These considerations, significantly as they associated to using on-line monitoring applied sciences by HIPAA Coated Entities and Enterprise Associates, had been highlighted in OCR’s Bulletin issued final 12 months and about which we beforehand wrote.
The FTC additionally reminded corporations not lined by HIPAA that they nonetheless have a duty to guard in opposition to the unauthorized disclosure of private well being data, highlighting its latest enforcement actions in opposition to BetterHelp and GoodRx, about which we additionally beforehand wrote. Such enforcement actions associated to these corporations’ sharing of well being data with third events that use on-line monitoring applied sciences built-in into the businesses’ web sites and apps with out customers’ consciousness.
Further details about the dangers referring to on-line monitoring applied sciences may be discovered on the FTC’s Weblog. We’ll proceed to watch for added enforcement actions on this space.
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