In an article published in the Summer 2023 edition of the Journal on Emerging Issues in Litigation, Trish Markus and Shane Duer discuss the use of online tracking technologies by healthcare industry organizations, noting that even entities not required to comply with HIPAA are subject to regulatory scrutiny of their data privacy practices.

"Digital health and wellness companies of all types are being held accountable for failing to maintain the privacy and security of individuals' PHI and IIHI, even where such companies are not regulated by HIPAA," Markus and Duer wrote. "The FTC appears poised to take aggressive stances against companies that disclose consumers’ personally identifying information in contravention of their privacy policies, and it will prohibit disclosure of a broad range of such information for advertising purposes."

To read the full article, click here.