HIPAA Blog

[ Wednesday, April 17, 2024 ]

 

Tracking Technologies: In the latest news on the use of website tracking technologies such as Google Pixel, Monument Health has entered into a settlement agreement with the FTC to not use the technology in a way that could leak its patient's PHI to advertisers.  

Technically, the pixels allow technology companies to track behavior of website visitors, such as by tracking where they go on a website.  It helps the website owner know what services people are interested in, what web page language seems to attract visitors, and other information that can help the website owner improve its business.

A user's behavior on a website is not always PHI, but it could be: someone could look at a website for a particular disease because they are curious about it, are researching it, or have a friend or family member who has the disease; however, it's also fairly likely that when someone clicks on a link that says, "if you have health condition X and are interested in treatment options, click here," clicking on the link is at least closely correlated to the person having the condition, which is PHI.  

The company offering Pixels and other tracking technology helps the website owner improve its own website and business; however, the technology company also might use the information to direct advertisers (including its own advertising options).  If someone using a particular computer, phone, or other internet-accessing devise visits a particular website that is associated with a particular subject matter, type of product, or activity, then the user of that computer is much more likely to be someone interested in related products and services; knowing who those people are is valuable to advertisers.

Let's assume a particular smartphone web browser regularly searches for images and information on deer hunting.  If a business sells deer hunting supplies and puts together game hunts, that business would really want to advertise to whoever is using that smartphone.  On the other hand, a business involved in animal rights and veganism would not want to waste its marketing dollars contacting that smartphone user.

The effect to the customer can be creepy: it looks like the website is spying on me.  And when the subject matter is healthcare, it becomes a question: did the company hosting the tracking technology disclose PHI from the user who was searching the healthcare matter?

Not necessarily; the fact that person X looks up healthcare service Y does not mean that person X has condition Y.  HOWEVER, there is definitely a correlation, and in some cases a direct connection.  

More will come from this.

Anyway, that's the reason these tracking technologies are such a hot-button issue.  


Jeff [7:43 AM]

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