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For whom the bell tolls: FTC, regulators and private parties are coming for online tracking technologies

February 09, 2023

Over a year ago the FTC fired the first warning shot – the FTC health breach notification rule would be used as the basis for enforcement actions where sites and apps shared health information without a user’s permission.  Following suit, a few months ago, OCR announced guidance of its own that expanded the class of websites and apps governed by HIPAA.  (You can read our coverage of both moves here and here.)  Combined, these two moves restrict the sharing of health data with third parties –specifically when that data is shared with online advertisers.

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