Podcast: Counsel That Cares: Data Privacy and Tracking Technology Compliance

J.S. Held’s Inaugural Global Risk Report Examines Potential Business Risks & Opportunities in 2024

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Advertising Technology (AdTech) tools such as pixels, cookies, and mobile attribution tied to website-related mobile device applications enable website owners to track user behavior and collect personal data. While they are widely used, they also pose the potential risk of personal information transfers to third parties. This can create significant regulatory concerns in the healthcare industry, where patient data is highly sensitive and, under the Health Insurance Portability and Accountability Act (HIPAA), must be protected. The growing use of this technology has led to an increase in class action lawsuits against companies that fail to adequately protect user data or obtain proper consent for data collection.

In this podcast interview, Antonio Rega speaks with Paul Bond, Partner in Holland & Knight’s Data Strategy, Security & Privacy group, about the latest issues surrounding data privacy and tracking technology in the healthcare industry and the resulting litigation that has been generated.

Among the topics discussed are:

  • Implications of a recent U.S. Department of Health and Human Services (HHS) bulletin that expanded the definition of protected health information
  • Ongoing litigation in federal and state court involving claims that healthcare companies breached patient privacy by using online tracking technology
  • Practical steps for healthcare organizations to help mitigate litigation risks and navigate emerging compliance
  • How protected health information is being masked or anonymized, or not made anonymous at all

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More About J.S. Held's Contributor

Antonio Rega is a Managing Director in J.S. Held’s Digital Investigations & Discovery group within the Global Investigations practice. He has more than 20 years of experience providing consulting, advisory, and subject matter expertise in the areas of digital forensics, data privacy & information governance, digital assets / blockchain technology, and discovery on behalf of global corporations and law firms. Based in New York, Antonio focuses on leading complex investigations and matters involving proactive and reactive discovery and analysis, often conducting in-depth forensic examinations of electronically stored information (ESI) across repositories (cloud-based, localized, or mobile). He regularly assists clients with advice and strategy through all phases of investigations, regulatory compliance, or litigation needs, such as privacy-related regulatory requests, responses to government subpoenas, and related information governance needs, among other areas of specialization.

Antonio can be reached at [email protected] or + 1 551 345 8502.

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This publication is for educational and general information purposes only. It may contain errors and is provided as is. It is not intended as specific advice, legal, or otherwise. Opinions and views are not necessarily those of J.S. Held or its affiliates and it should not be presumed that J.S. Held subscribes to any particular method, interpretation, or analysis merely because it appears in this publication. We disclaim any representation and/or warranty regarding the accuracy, timeliness, quality, or applicability of any of the contents. You should not act, or fail to act, in reliance on this publication and we disclaim all liability in respect to such actions or failure to act. We assume no responsibility for information contained in this publication and disclaim all liability and damages in respect to such information. This publication is not a substitute for competent legal advice. The content herein may be updated or otherwise modified without notice.

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