FTC, OCR ship caution letter to hospitals about on-line monitoring pixels


The Federal Business Fee joined the U.S. Well being and Human Products and services Place of work for Civil Rights this week in reminding healthcare organizations about their tasks for third-party disclosures of secure well being knowledge below HIPAA, the FTC Act and the FTC Well being Breach Notification Rule.


Whilst OCR has addressed the privateness and safety dangers associated with healthcare organizations that knowingly or unknowingly use third-party monitoring gear that may analyze, collect and percentage delicate clinical knowledge with promoting companions below HIPAA, the FTC may be the use of its authority to give protection to customers’ well being knowledge from “doable misuse and exploitation.” 

“Those monitoring applied sciences collect identifiable details about customers, typically with out their wisdom and in tactics which are arduous for customers to keep away from, as customers have interaction with a web page or cellular app,” the companies mentioned of their announcement in regards to the joint letter, posted at the HHS web page, on Thursday.

They cross on to explain how built-in gear on health center and telemedicine web pages can’t handiest ship PHI knowledge without delay again, however 0.33 events like Google and Meta/Fb would possibly proceed to trace and collect details about sufferers even when they navigate away.

A number of proceedings allege that on-line monitoring firms percentage PHI with their promoting companions, which goal the affected person with advertisements and different content material. The category motion proceedings may additionally search that any benefit that infirmaries will have comprised of promoting the knowledge be paid to affected person sufferers, damages which some Louisiana hospitals could also be dealing with

The letter reiterates that HIPAA Regulations practice when the guidelines {that a} regulated entity collects via monitoring applied sciences or discloses to 3rd events (e.g., monitoring era distributors) comprises PHI. 

In December 2022, OCR launched a bulletin about using on-line monitoring applied sciences by way of HIPAA-regulated entities and gives a common evaluation of the way the HIPAA Regulations practice.

The FTC provides a caution about client coverage regulations. 

“Even though you don’t seem to be lined by way of HIPAA, you continue to have a duty to give protection to towards impermissible disclosures of private well being knowledge below the FTC Act and the FTC Well being Breach Notification Rule.”

“That is true even though you relied upon a 3rd celebration to increase your web page or cellular app and even though you don’t use the guidelines received via use of a monitoring era for any advertising and marketing functions.” 


When OCR issued steerage on using on-line monitoring gear, it reminded regulated entities in their tasks to agree to HIPAA’s Privateness, Safety and Breach Notification Regulations and defined what steps healthcare organizations and others should take to give protection to PHI on user-authenticated and different acceptable webpages and bureaucracy.

“In those cases, regulated entities should be sure that the disclosures made to such distributors are accredited by way of the privateness rule and input right into a industry affiliate settlement with those monitoring era distributors to be sure that PHI is secure based on the HIPAA Regulations,” OCR mentioned within the bulletin.

OCR mentioned it is still curious about disclosures of well being knowledge to 3rd events.

“Even supposing on-line monitoring applied sciences can be utilized for recommended functions, sufferers and others must no longer need to sacrifice the privateness in their well being knowledge when the use of a health center’s web page,” Melanie Fontes Rainer, OCR’s director, mentioned in a observation in regards to the joint letter with the FTC. 


“When customers consult with a health center’s web page or search telehealth products and services, they must no longer have to fret that their maximum personal and delicate well being knowledge could also be disclosed to advertisers and different unnamed, hidden 0.33 events,” mentioned Samuel Levine, director of the FTC’s Bureau of Client Coverage, in a observation. 

“The FTC is once more serving realize that businesses wish to workout excessive warning when the use of on-line monitoring applied sciences and that we can proceed doing the whole lot in our powers to give protection to customers’ well being knowledge from doable misuse and exploitation.”

Andrea Fox is senior editor of Healthcare IT Information.
E mail: afox@himss.org

Healthcare IT Information is a HIMSS Media newsletter.



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