Marketing with Health Data (Video Panel Discussion)

Use of health data in connection with U.S. marketing activities is complex. While regulation on the use of health data for marketing is not new, lawmakers, regulators, and law enforcement have increasingly focused on how companies are using sensitive data for advertising and marketing. For example, FTC enforcement actions in GoodRx and BetterHelp and HHS Guidance on how trackers can implicate HIPAA, have left health care companies uncertain of how to navigate complex risk. The implications of recent regulator actions, however, go well beyond tracking technologies and suggest a shifting focus on how health data may be used in the U.S. for marketing generally. New and developing state laws leave little doubt that consent will be an emphasis going forward, but gaps remain in how consent will be captured, tracked, and implemented, which leaves health organizations looking for clear direction.