Healthcare Privacy: Where Cookies Risk Litigation

Data Strategy, Security & Privacy attorneys Sophie Kletzien and Paul Bond co-authored a OneTrust DataGuidance article on the litigation risks healthcare businesses face when using third-party tracking tools on their websites. Healthcare providers are confronting numerous class action lawsuits alleging violations of wiretap laws, consumer protection statutes and privacy rights as a result of tools such as cookies, and many have survived the motion to dismiss phase. With the next battles coming in class certification and motions for summary judgment, Ms. Kletzien and Mr. Bond scope common tracking tools incorporated into healthcare provider websites, describe how companies can proactively mitigate exposure through implementing cookie banners, assessing data collection practices and updating privacy policies, and outline data privacy measures to reference when evaluating online procedures and making changes.

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