In Parts 1 and 2 in this series on the Pixel Problem, I review the original and revised guidance from the Department of Health and Human Services (HHS) on the Use of Tracking Technologies by HIPAA Covered Entities and Business Associates. I noted that HHS’s guidance, even as revised, went too far in determining what […]
Tag Archives: Tracking Technologies
In December 2022, the Department of Health and Human Services’ Office for Civil Rights (OCR) released “guidance” on the use of tracking technologies, which took an overboard approach to the use of basic website analytics tools (2022 Guidance). Courts criticized OCR’s 2022 Guidance, and last fall, the American Hospital Association sued OCR, alleging agency overreach. […]