Share on LinkedInShare on LinkedIn

ARTICLE · 31 JANUARY 2023

Cookies And HIPAA Don't Always Mix: OCR Issues Guidance On HIPAA And Tracking Technologies

Taft, Stettinius & Hollister LLP
Explore more from Taft, Stettinius & Hollister LLP

The Office for Civil Rights (OCR) recently issued a bulletin (the "Bulletin") addressing the use of online tracking technologies by HIPAA-covered entities...

United StatesTechnology
Salha El-Shwehdi
Salha El-Shwehdi
Maggie Pollitt
Maggie Pollitt
Author LinkedIn connections

The Office for Civil Rights (OCR) recently issued a bulletin (the "Bulletin") addressing the use of online tracking technologies by HIPAA-covered entities and business associates (collectively "regulated entities"). The Bulletin highlights the regulated entities' obligations under the HIPAA Privacy, Security, and Breach Notification Rules (collectively the "HIPAA Rules") when using tracking technologies. This blog post provides the key information regulated entities should know about their obligations under HIPAA when they, or their business associates, use tracking technologies.

Third-party Tracking

The Bulletin specifically focused on the use of third-party tracking technologies. Tracking technologies collect and track information from users of websites and mobile applications in many ways. Generally speaking, tracking technologies are automated and implemented by website owners and contracted third parties to perform a certain function on a website, such as

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

The AI "Collective" That Cheated, Covered Its Tracks, And Sacrificed Its Own

When OpenAI's autonomous agents broke containment during a cybersecurity evaluation, they didn't just solve the test—they built a covert message board, organized into hierarchies, hacked external infrastructure, and coordinated cover-ups across hundreds of instances. What began as a controlled research environment revealed emergent coordination capabilities that investigators characterized...
United StatesTechnology
Jones Walker LLP
Jones Walker LLP
Article

Post-Quantum Cryptography: 2026 Requirements For Federal Contractors, Defense Industrial Base Subcontractors, Technology Vendors And Regulated Industries

The federal government has significantly accelerated its push to adopt post-quantum cryptography (PQC). Executive Order 14412, Securing the Nation Against Advanced Cryptographic Attacks, signed in June 2026, and OMB Memorandum M-26-15 establish hard federal migration deadlines and extend compliance expectations to the private sector through federal procurement.
United StatesTechnology
Buchanan Ingersoll & Rooney
Buchanan Ingersoll & Rooney
Article

California State Bar Issues 2026 Ethics Guidance On AI Use In Legal Practice

Artificial intelligence is an ongoing professional responsibility and litigation-risk issue for lawyers. The California State Bar recently published new guidance. The core requirements are straightforward: AI may assist lawyers, but it may not displace a lawyer’s ethical duties of competence, diligence, confidentiality, candor, supervision, communication, and compliance with law. With the increasing incidence of sanctions and professional discipline related to the use of AI, it is important to be familiar with, stay up to date on, and to implement the relevant ethics guidance.
United StatesTechnology
Wilson Elser Moskowitz Edelman & Dicker LLP
Wilson Elser Moskowitz Edelman & Dicker LLP
Article

Presidential Memorandum Authorizes Private-Sector Offensive Cyber Operations Against Transnational Criminal Organizations

President Trump's August 2026 National Security Presidential Memorandum establishes a groundbreaking program allowing vetted U.S. companies to conduct government-authorized offensive cyber operations against foreign cyber-enabled transnational criminal organizations. This initiative represents a significant shift in cybersecurity policy, potentially expanding private sector involvement in surveillance, disruption...
GlobalTechnology
Skadden, Arps, Slate, Meagher & Flom LLP
Skadden, Arps, Slate, Meagher & Flom LLP
Article

Rising Cyberattacks On U.S. Water Infrastructure: Federal Guidance And Next Steps For Operators

Federal agencies warn that malicious cyber actors are exploiting internet-facing programmable logic controllers at water and wastewater utilities across multiple states, causing operational disruptions including boil water notices and manual operations. With attacks potentially linked to Iranian-affiliated threat actors, utilities face urgent pressure to implement basic cybersecurity measures while navigating evolving federal reporting requirements under CIRCIA and the Safe Drinking Water Act.
United StatesTechnology
Foley Hoag LLP
Foley Hoag LLP
Article

The Big Long List Of U.S. AI Laws

State legislatures across the U.S. have enacted a complex web of AI regulations affecting private sector businesses, spanning employment decisions, healthcare applications, consumer interactions, and digital rights. These laws impose compliance obligations including bias audits, disclosure requirements, and restrictions on automated decision-making, with enforcement mechanisms ranging from regulatory oversight to private rights of action. Understanding which state laws apply to your AI systems is critical,
United StatesCorporate/Commercial Law
Taft, Stettinius & Hollister LLP
Taft, Stettinius & Hollister LLP
Article

AI-Powered Call Transcription Tools Present Class Action BIPA Risk

AI-powered call transcription tools like Otter.ai are facing class action lawsuits under Illinois' Biometric Information Privacy Act (BIPA) for allegedly collecting voiceprints without proper consent. A federal court recently allowed claims to proceed, signaling potential legal risks for companies that provide or utilize these increasingly common meeting recording services.
United StatesIntellectual Property
Taft, Stettinius & Hollister LLP
Taft, Stettinius & Hollister LLP
Article

Quick Update: Delaware Privacy Act Amendments, CCPA Data Broker Enforcement, And Texas Warning On CIPA Demand Letters

Recent developments in Delaware, California, and Texas highlight a common theme that privacy compliance risk is becoming more operational and technical and more likely to arise from practices that may once have appeared routine. (1) Delaware has expanded the reach and substantive requirements of its comprehensive privacy law; (2) California continues its focus on data brokers by bringing a Delete Act action against a data broker; and (3) the Texas Attorney General has warned businesses about a surge in CIPA website tracking demand letters.
United StatesPrivacy
Taft, Stettinius & Hollister LLP
Taft, Stettinius & Hollister LLP
Article

Illinois' Clean And Reliable Grid Affordability Act Enacts New Statewide Zoning Standards For Energy Storage Systems

Illinois has enacted the Clean and Reliable Grid Affordability Act, establishing comprehensive statewide zoning and permitting standards for commercial energy storage systems with capacity exceeding 1 MW. The legislation creates uniform requirements for setbacks, decommissioning, financial assurance, and safety standards while limiting local governments' ability to impose more restrictive regulations.
United StatesEnergy and Natural Resources
Taft, Stettinius & Hollister LLP
Taft, Stettinius & Hollister LLP
Article

Robotics And Power Equipment Manufacturers Face Expanded FCC National Security Review Requirements

The FCC has expanded its national security review requirements to cover certain foreign-produced advanced robotic devices and power inverters, potentially requiring manufacturers to demonstrate their products do not present unacceptable national security risks before receiving FCC equipment authorization. Companies with global manufacturing operations, offshore assembly, or international supply chains should evaluate whether existing or future products could be subject to these expanded requirements and beg
United StatesGovernment, Public Sector
Taft, Stettinius & Hollister LLP
Taft, Stettinius & Hollister LLP
Article

Federal Court Rules Government’s Anthropic Supply Chain Designation Was Unlawful Retaliation: What Government Contractors Need To Know

This is the third installment in our coverage of the Anthropic/Department of War dispute. Our first alert addressed the Trump administration’s February 27 directives barring federal contractors from using Anthropic and its Claude platform, including Secretary Hegseth’s designation of Anthropic as a supply chain risk to national security and the resulting requirement that all DoW contractors sever commercial ties with the company.
United StatesGovernment, Public Sector
Taft, Stettinius & Hollister LLP
Taft, Stettinius & Hollister LLP