In recent years, healthcare providers have faced criticism for utilizing third-party analytics software, such as Meta Pixel, Google Analytics, and Adobe Analytics. While these tools offer invaluable insights into user behavior on websites, they also open up potential channels for the illicit collection and use of patient data. Despite federal warnings and a slew of class-action lawsuits, it has been documented that corrective measures taken by hospitals to secure their websites and prevent patient data collection have often been insufficient.
To address this issue, WebMD, via its division WebMD Ignite, has entered into a partnership with healthcare privacy platform Freshpaint. This collaboration is designed to aid healthcare providers in aligning with privacy regulations through the removal of non-compliant tracking technologies from their websites, anonymizing individual visitors to enable performance reporting, and ensuring that patient data does not seep into third-party programs.
WebMD’s decision to partner with Freshpaint, out of seven audited vendors, was fueled by Freshpaint’s unique focus on pixel and cookie governance. Ann Bilyew, the senior vice president of health and group general manager for WebMD Ignite, declared, “This level of control allows for greater flexibility when a client seeks to determine which third-party analytics, ad tracking, and user experience technologies it will use.”
The partnership is primarily aimed at assisting WebMD Ignite’s clientele, which comprises enterprises such as Providence, Trinity Health, Advocate Aurora, VillageMD, and Centene, in fostering business growth while steering clear of data privacy risks. She underlined that trust, extending beyond the clinical setting, is a crucial element of the provider-patient relationship.
While noting the indispensability of tools like Google Analytics and Meta Advertising for digital marketers, Bilyew acknowledged the growing concern among consumers regarding their digital activity tracking. Recognizing the rising demand for stricter regulation of digital tracking technology in the wake of data breaches involving major companies, she emphasized the need for improved governance controls in handling digital tracking technology and data sharing.
Bilyew concluded, “By implementing better governance controls over how and when digital tracking technology is used and what data can be shared, healthcare providers can still execute high-performing digital tactics with measurement, while maintaining compliance. Without making changes, providers may be at-risk to litigation and consumer backlash.”
This move is yet another example of the converging fields of health technology and privacy law, and it is crucial for legal professionals to stay ahead of changes in this evolving landscape.