Lexology July 7, 2024
On June 20, 2024, the U.S. District Court for the Northern District of Texas Fort Worth Division ruled that guidance issued by the U.S. Department of Health and Human Services (“HHS”) relating to online tracking technologies exceeded HHS’ authority and ordered that it be vacated.
As previously reported, on December 1, 2022, HHS released a Bulletin on the obligations of HIPAA covered entities and business associates under the HIPAA Privacy, Security and Breach Notification Rules when using online tracking technologies. The Bulletin provided several hypotheticals that trigger HIPAA obligations, including when an online technology connects (1) an individual’s IP address with (2) a visit to a unauthenticated public webpage addressing specific health conditions or healthcare providers (the “Proscribed Combination”). The...
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