Lexology May 4, 2023
Online Tracking Technologies and HIPAA. In December 2022, the Department of Health and Human Services Office for Civil Rights (OCR) published a bulletin on the use of online tracking technologies (e.g., cookies or web beacons) by entities regulated under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Specifically, the OCR noted:
In the course of gathering data, these online tracking technologies may collect protected health information (PHI); and
The collection or analysis of the data may involve unauthorized disclosures of PHI to third-party tracking technology vendors or other related third-party vendors.
Most importantly, the OCR indicated that individually identifiable health information (IIHI) collected on a regulated entity’s (i.e., a covered entity’s or...
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