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ARTICLE · 03 MAY 2026

IAB Health Privacy Insights

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

Kelley Drye & Warren LLP

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The theme in this issue of Health Privacy Insights is that health-related advertising regulations are becoming broader and deeper.

United StatesPrivacy

Introduction

The theme in this issue of Health Privacy Insights is that health-related advertising regulations are becoming broader and deeper.

The now-familiar trend of restricting the use of health data for advertising is intensifying:

  • The Connecticut Attorney General’s most recent privacy enforcement report includes consumer health data among a handful of other top priorities, such as minors’ data, artificial intelligence, and opt-out rights.
  • After a veto in 2025, the New York legislature is again considering one of the most restrictive state laws governing health data. If enacted, the New York Health Information Privacy Act would ban the sale of “restricted health information” and require an extensive authorization for other advertising-related uses of such information. The Minnesota legislature is also considering a bill ( HF 2700) to amend its comprehensive consumer privacy law to set a heightened consent standard to share consumer health data.

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