Julia Tama, Brian Tengel, and Katelyn Asmus examine the privacy and compliance risks surrounding the sharing of sensitive health information in their Law360 article, “Hims & Hers Suit Spotlights Health Data-Sharing Privacy Risks.” The following is an excerpt:
On July 29, the Federal Trade Commission, joined by the California attorney general and the Utah Division of Consumer Protection, filed a complaint in the U.S. District Court for the Northern District of California against the telehealth and wellness platform Hims & Hers Health Inc., alleging deceptive privacy practices.
Unlike many enforcement actions, FTC v. Hims & Hers Health Inc. is not a negotiated settlement between the parties and remains in active litigation. It promises to be an important test case for health privacy theories introduced by federal and state privacy enforcers in recent years.
The complaint against Hims & Hers also reinforces several themes that gained prominence in FTC privacy enforcement actions during the Biden administration. Accordingly, this case yields important compliance takeaways for all digital health companies and other organizations that process consumer data relating to health.
Among other allegations, the complaint asserts that Hims & Hers shared sensitive consumer health information — such as mental and sexual health conditions — with third-party advertising platforms, despite representing that such information would remain private.
For the full article, click here.