In November 2023, the world of privacy law and corporate legal governance witnessed some interesting developments. We focus on two main areas below: the controversy surrounding online tracking pixels on hospital websites and the American Hospital Association’s response to Senator Bill Cassidy’s request for information on the lasting implications of this matter.
An online tracking pixel is a hidden code embedded in a webpage that enables the tracking of visitor behavior data. It has been a hot topic recently because of a claim by the American Hospital Association (AHA). They have appealed to federal lawmakers for intervention following the Health and Human Services Office for Civil Rights (OCR) declaration that the use of many online tracking pixels on hospital and health systems websites constitutes a violation of the Health Insurance Portability and Accountability Act (HIPAA).
The AHA contends that the OCR’s decision creates significant detriment by disrupting hospitals’ ability to utilize online tracking pixels on their websites. The aforementioned information was revealed as part of the AHA’s response to a request for information from Senator Bill Cassidy (R-La.), who is keen to explore the broader implications of pixel privacy for hospitals and health systems. Details of this development were outlined in a report titled 'Privacy Briefs: November 2023'.
As more corporations rely on technology advances to improve their operations and service delivery, these sorts of quandaries – delineating the line between privacy and profitability – are increasingly in focus. As the debate over the use of online tracking pixels continues to unfold, clarity on the legal and ethical boundaries of such technology will be crucial for law professionals navigating these complex landscapes.