Health Care and Data Tracking – Rickard & Associates

Recently, parent company Facebook Meta was fined by the European Union regarding its privacy policy and ad targeting.

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Recent decisions in the EU could impact how Meta operates in the United States.

The ruling found that Meta violated the General Data Protection Regulation (GDPR) which gives individuals the right to object to the collection and processing of personal data for ad targeting.

Meta plans to appeal the decision.

In the United States, Meta is fighting lawsuits regarding privacy of healthcare data.

Meta currently uses tracking information to personalize the ads that users see while on Facebook or Instagram. When this is restricted by the user preventing tracking, it results in lost profit for the advertiser.

However, in the healthcare space, there are greater concerns regarding the protection of personal healthcare information.

Some privacy laws in the US are more like the GDPR with greater requirements when tracking personal information.

The GDPR ruling requires Meta to seek user consent, have a version of social media that doesn’t use personal data, and allows users to withdraw consent at any time without service limitations.

Under the ruling, Meta may still use non-personal data to personalize ads or prompt users to consent to ads with a yes or no answer.

Meta is currently in court relating to tracking HIPAA protected patient data in Doe v Meta Platforms, Inc.

It is likely that Meta will appeal any damages or fines related to the tracking of personal information and protected health information.

If you have questions or need assistance with your healthcare practice’s legal needs or your practice’s PHI protection, contact Rickard & Associates today.

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