Life Sciences Horizons Brochure 2025 - Flipbook - Page 27
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2025 Horizons Life Sciences and Health Care
Ongoing risks remain for online tracking technology use in the U.S.
Health and life sciences organizations are navigating
heightened regulatory and litigation risks stemming
from their use of third-party online tracking
technologies. This focus continues years after use
of trackers first attracted widespread attention from
media, regulators, and litigants.
HIPAA-regulated organizations especially must be cautious after
HHS indicated in guidance that use of trackers may result in
violations of HIPAA. Although a federal court curtailed a portion
of that guidance, HHS continues to investigate use of trackers by
HIPAA-regulated entities on their online properties. Whether and
how HHS will adjust enforcement priorities in light of the court
decision and administration change remains to be seen, but the
issue will likely continue for years to come.
Meanwhile, organizations also face scrutiny from the U.S. Federal
Trade Commission (FTC) and state attorneys general (AGs). The
FTC has enforced against organizations that deploy trackers in
ways that conflict with their stated privacy promises or that fail to
obtain affirmative consent prior to processing health data. State
AGs have similar enforcement authority under state statutes and
privacy laws and will likely have a prominent role in enforcement
during the Trump administration.
Litigation risks remain as plaintiffs test novel claims. Courts
have allowed state wiretap claims to proceed past a motion to
dismiss, and plaintiffs have increasingly tested the viability of
claims alleging that trackers have been used inconsistent with
user preferences.
Health organizations can effectively manage these risks by
developing, implementing, and maintaining a governance
program. We have helped numerous organizations implement
and defend such programs.
Scott T. Loughlin
Partner
Washington, D.C
Donald DePass
Counsel
Washington, D.C.
Alaa Salaheldin
Senior Associate
Washington, D.C.
Band 1
Privacy & Data Security:
Healthcare, Chambers
USA-Nationwide
