Minimizing Legal Risks Associated with Tracking Technology on Health Care Provider Websites and Applications

Meta’s Pixel is a powerful marketing tool that provides businesses with valuable analytics to track the activities of their website visitors. By identifying Facebook and Instagram users and monitoring their interactions with website content, businesses can better target their advertising to specific interests, preferences, and online behaviors. Additionally, Pixel allows businesses to assess ad performance by sending information to Facebook and Instagram each time a user visits a website.

Every health care provider should carefully consider the advantages and risks of utilizing Pixel and develop strategies to mitigate those risks. In the health care industry, Pixel has been linked to tens of millions of dollars in settlements. A recent study by The Markup revealed that 33 of the top 100 hospitals in America were using Pixel to send information to Facebook when users clicked buttons to schedule appointments. Furthermore, the study discovered that seven health systems had Pixel installed within password-protected patient portals, raising concerns about capturing Protected Health Information (PHI) and potential future lawsuits.