In July 2023, the Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services Office of Civil Rights (OCR) raised concerns regarding privacy and security risks that are associated with certain online tracking technologies. These agencies issued a joint letter addressed to around 130 hospital systems and telehealth providers, thus potentially attracting considerable attention across the legal circles in the health and tech sectors.
The FTC and OCR’s involvement indicates a growing concern with the ubiquitous nature of online tracking technologies, commonly encapsulated by the term ‘tracking pixels’. These are widely used by websites to collect user data, tracking their browsing habits to extract invaluable user behaviour insights. Today, these tracking technologies have become a norm in many industries, however, their use in sectors handling sensitive information like healthcare raises significant privacy concerns.
The letter’s exact content is not mentioned, but it is reasonable to infer that it would have urged these entities to be cautious while using tracking technologies, potentially warning them of the legal risks they could be exposed to. Given the sensitive nature of the information handled by these entities, privacy risks are a principal concern, and incidents such as data breaches could have serious consequences, including substantial regulatory penalties.
This event highlights the increasing scrutiny under which these tracking technologies are being put, even as they become a ubiquitous part of the online ecosystem. Legal professionals, specifically those in corporations and firms involved in the tech, health, and data security sectors, will need to pay close attention to these developments.
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