Lexology October 3, 2023
The Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) recently published a warning letter that they jointly sent to more than 130 hospital systems and telehealth providers during the summer of 2023. The letter warned recipients about the privacy and security risks related to the use of “online tracking technologies” that may be integrated into websites or mobile apps and may be “impermissibly disclosing consumers’ sensitive personal health information to third parties.” According to the letter, the use of “tracking technologies” may facilitate unauthorized disclosures of “sensitive” health information, including protected health information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA) and other kinds of health data regulated...