Lexology September 1, 2023
On July 20, 2023, the Department of Health and Human Services (DHHS) through the Office of Civil Rights (OCR) and the Federal Trade Commission (FTC) issued a joint letter to hospitals and telehealth providers alerting them to the privacy and security risks related to the use of online tracking technologies. The warning particularly focuses on the potential of the impermissible disclosure of consumer personal health data to unauthorized third parties. The two agencies discussed the dangers associated with the use of tracking technologies both via website and application platforms, which may impermissibly share information to third-party developers, regarding user interaction. Furthermore, these technologies may continue to gather information about the consumer, even once the individual has navigated beyond the initial...