Tracking Pixel Lawsuits | Digital Forensics Now

Data Breach Lawsuits Tied to Tracking Pixel Use On the Rise In Healthcare

By Jovianna Gonzalez

According to BakerHostetler’s 2023 Data Security Incident Response Report, more than 50 lawsuits have been filed against hospital systems since August 2022 related to third-party tracking technology, also known as tracking pixels. The breach notices commonly state that the healthcare entity had implemented the technology to understand how visitors interact with their websites but later discovered that the tech had been inappropriately transmitting sensitive data back to big tech companies such as Meta and Google.

In addition to pixel tracking-related lawsuits, the report also noted a twofold increase in lawsuits yearover-year across all industries it represents. Of the 1,160 incidents analyzed in the report, 42 resulted in one or more lawsuits filed, compared to 23 in 2021. Of the 42 incidents, 26 involved health information, and 20 involved a healthcare organization. Threat actors used various methods such as MFA bombing, social engineering, SEO poisoning, and evading endpoint detection and response (EDR) to target
victims.

The report also highlights that four states (Colorado, Connecticut, Utah, and Virginia) enacted privacy legislation in 2022, opening organizations up to new compliance obligations. The Federal Trade Commission (FTC) has taken an increased interest in health tech companies and announced two highprofile settlements with GoodRx and BetterHelp for $1.5 million and $7.8 million, respectively.

As data privacy laws continue to expand across the country, HIPAA-covered entities and non-HIPAAcovered entities will need to adjust their compliance programs to adapt to new regulations and evolving technologies. Entities should ensure a strong corporate governance process and collaborative approach between marketing and compliance departments, an in-depth understanding of the use of this technology, and a thorough assessment of the risks and benefits conferred on the entity to determine whether continued use is appropriate.

https://healthitsecurity.com/news/data-breach-lawsuits-tied-to-tracking-pixel-use-on-the-rise-in-healt