News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Cookies

McDermott Will & Emery

OCR Withdraws Appeal in AHA v. Becerra

On August 29, 2024, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) withdrew its appeal of the US District Court for the Northern District of Texas’s June 20, 2024, decision in American...more

McDermott Will & Emery

OCR Files Notice of Appeal in Online Tracking Technologies Case

McDermott Will & Emery on

On August 19, 2024, the US Department of Health and Human Services Office for Civil Rights (OCR) filed a notice of appeal of the US District Court for the Northern District of Texas’s June 20, 2024, decision in American...more

Venable LLP

Federal Court Strikes Blow to HHS Guidance on “Online Tracking Technologies”

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Last week, a federal district court in Texas issued a decision declaring unlawful and vacating a central component of a guidance document (the Bulletin) from the Department of Health and Human Services (HHS) Office for Civil...more

BCLP

New HHS Guidance on Cookies

BCLP on

On March 18, 2024, the Office of Civil Rights (“OCR”) within the Department of Health and Human Services (“HHS”) updated prior guidance concerning the use of online tracking technologies, including cookies, by Covered...more

Amundsen Davis LLC

“Pixels” and “Cookies,” Charming Terms for Tracking Technology, Can Lead to Ugly Data Privacy Headaches

Amundsen Davis LLC on

Companies in all industries and of all sizes are evaluating sophisticated and useful technology for their websites and applica- tions (their “apps”) in an effort to enhance and develop their image or brand and to support...more

Troutman Pepper

Cookies and Online Tracking of Health Signals: An OCR Prescription for Potential Peril

Troutman Pepper on

Online Tracking Technologies and HIPAA. In December 2022, the Department of Health and Human Services Office for Civil Rights (OCR) published a bulletin on the use of online tracking technologies (e.g., cookies or web...more

Jackson Lewis P.C.

FTC Focuses on Pixel Tracking, and Not Just at Healthcare Companies

Jackson Lewis P.C. on

The Federal Trade Commission (FTC) recently took enforcement action against digital healthcare companies for sharing user information vie third-party tracking pixels, which enable the collection of user data....more

Holland & Knight LLP

Lessons Learned from FTC Enforcement Action Against BetterHelp

Holland & Knight LLP on

The Federal Trade Commission (FTC) is on a roll in its efforts to signal to the digital health industry that data privacy must be a priority. The FTC announced a consent decree with BetterHelp on March 2, 2023, to settle...more

Hogan Lovells

The online health data ecosystem takes another regulatory hit

Hogan Lovells on

Health companies cannot use online tracking technologies like other consumer organizations. This refrain, repeated frequently by regulators, litigants and the media in recent months, may now have found its clearest voice in...more

Procopio, Cory, Hargreaves & Savitch LLP

HIPAA and Cookies: A Potentially Dangerous Combination

Websites using data tracking and collection software risk potentially serious consequences under the Health Insurance Portability and Accountability Act of 1996, commonly referred to as “HIPAA.” In a Bulletin issued December...more

Jackson Lewis P.C.

HIPAA Regulated Entities: Website or App Tracking Technologies, Pixels Can Create Significant Compliance and Litigation Risks

Jackson Lewis P.C. on

Last month, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a bulletin with guidance concerning the use of online tracking technologies by covered entities and business associates...more

Ruder Ware

Could Cookies and Other Tracking on Websites Violate HIPAA – HHS Warns Covered Entities About Tracking on Websites and Use of...

Ruder Ware on

Earlier this month, the United States Department of Health and Human Services’ Office of Civil Rights (“OCR”), the organization that has jurisdiction over enforcement of the Health Insurance Portability and Accountability Act...more

Proskauer on Privacy

HHS Bulletin: Covered Entities’ Disclosure of PHI Collected via Online Tracking Technologies Falls under HIPAA

Proskauer on Privacy on

On December 1, 2022, the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) issued a Bulletin to highlight the obligations of HIPAA-covered entities and business associates when using...more

BakerHostetler

OCR Guidance on Use of Tracking Technologies Warrants Review of Website Tech

BakerHostetler on

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) issued guidance regarding covered entities’ and business associates’ use of tracking technologies (the Guidance). As discussed in greater detail...more

Epstein Becker & Green

HHS Warns HIPAA Covered Entities and Business Associates That Use of Website Cookies, Pixels and Other Tracking Technology May...

Epstein Becker & Green on

On December 1, 2022, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) published a bulletin warning that commonly used website technologies, including cookies, pixels, and session...more

BakerHostetler

OCR Provides Guidance on the Privacy of Data Stored on Health Apps and Mobile Devices

BakerHostetler on

In the wake of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, many individuals and organizations have expressed uncertainty about the protection afforded to data stored on health apps,...more

Jackson Lewis P.C.

California Consumer Privacy Act, California Privacy Rights Act FAQs for Covered Businesses

Jackson Lewis P.C. on

The California Consumer Privacy Act (CCPA), considered one of the most expansive U.S. privacy laws to date, went into effect on January 1, 2020. The CCPA placed significant limitations on the collection and sale of a...more

Spirit Legal

[Webinar] US Privacy Laws for German Businesses - June 30th, 3:30 pm CET

Spirit Legal on

First we take Sacramento, then we take Berlin: How do US data protection laws affect how you do business. The webinar is aimed at in-house or outside counsel, as well as data protection and compliance officers. In this...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - April 2019 #3

Robinson & Cole LLP on

The Department of Homeland Security (DHS) issued a warning on April 15, 2019 entitled “VPN Applications Insecurely Store Session Cookies” (Vulnerability Note VU#192371) stating that “[M]ultiple Virtual Private Network (VPN)...more

Carlton Fields

Facebook and HIPAA: Strange Bedfellows

Carlton Fields on

As a social media user, you may have experienced Facebook’s targeted advertising. Mere moments after searching for a specific item on Google or visiting another website, your Facebook ads reflect your recent browsing history....more

BakerHostetler

Privacy Class Action – Theories of Liability – 2013 Year in Review

BakerHostetler on

One hot area of data privacy litigation over the past several years has been data breach class actions brought under the California Confidentiality of Medical Information Act (“CMIA”), which provides that a person may recover...more

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