Web Tracking Creates A Web Of Data Privacy Risks

Regulatory enforcement and large litigation relating to the use of third party trackers on companies' websites and applications have been on the rise. Tracking often occurs without the companies' knowledge or consent. Third party tracking on hospital and provider websites has specifically garnered notable media attention. Recently, there has been significant activity by the Federal Trade Commission ("FTC") under the Health Breach Notification Rule for unauthorized sharing of personal information. It has begun to penalize and impose steep corrective actions, including long-impacting future restrictions, for such violations.

A 2021 study of the largest for-profit, nonprofit and governmental hospitals in the United States found that all hospitals used advertisement trackers, and 90% of the hospitals used third-party cookies. In many instances, these third-party trackers and cookies accessed and collected hospital user data. More concerning, such user data may include