Recent lawsuits have revealed a critical privacy concern for healthcare providers – the sharing of patient data with Facebook through tracking pixels. We wrote this article to help your security and privacy teams assess their risk, identify key stakeholders, and understand the urgency of this issue.
What is the risk?
Many hospitals use Meta Pixel, a tool designed to track website activity for advertising. This code collects data about user behavior, including website searches and pages visited. While seemingly innocent, this information can overcollect private data about a user’s medical conditions and treatments.
How does this violate patient privacy?
The Health Insurance Portability and Accountability Act (HIPAA) mandates the protection of sensitive patient health information. Using Meta Pixel without safeguards can lead to HIPAA violations, like the lawsuits against the Palm Beach Health Network. These hospitals have faced costly legal action for exposing patient data, despite claiming to comply with HIPAA.
What should I do?
- Inventory website tracking technologies
The first thing you must do is determine if your organization’s website or patient portal uses Meta Pixel or other tracking technologies. - Evaluate what data might be accessed
Next, you must investigate if any patient health information could be transmitted to Meta or other third parties through these tools. Do a deep dive into search terms, appointment scheduling pages, and condition-specific information. - Review your privacy policies
Lastly, you want to be sure your organization’s privacy policies clearly address the use of tracking technologies on your website and align with HIPAA requirements.
Who should I talk to about this?
The use of tracking pixels requires the full cooperation of players in your organization. We recommend you reach out to:
- Compliance Officers: They can assess legal and regulatory risks related to HIPAA violations.
- Information Security: They can evaluate technical controls and data security measures on the website and patient portal.
- Marketing/Communications: They often manage the website and tracking tools. Discuss the implications of Meta Pixel use and explore safer alternatives.
- Legal Counsel: Consult with them to understand the legal ramifications of data sharing and potential liabilities.
How do I get traction with my team?
- Communicate the risks: When talking with your team, expose the possibility of HIPAA violations leading to financial penalties, lawsuits, and PR nightmares.
- Show concrete examples: Point to cases like the Palm Beach Health Network lawsuit to accentuate the severity and consequences of avoiding this problem.
- Propose solutions: Present alternative tracking methods or tools like Feroot HealthData Protector Platform that will help you expose potential data leaks, so you can stay compliant.
TLDR: by understanding the risks, identifying key players, and effectively communicating the urgency, you can be proactive and help your healthcare organization avoid costly and damaging privacy breaches.If you are looking for a tool that will automate this process to keep your healthcare website compliant, simply schedule a free website assessment with Feroot. Our advanced AI technology will scan your website, find the violations, and give you a plan to fix them in minutes. Schedule a free website assessment today.
