Marketing with Health Data: A discussion of the current state and uncertainty of how and when health and life sciences companies may use health or other sensitive data in connection with marketing, advertising and other promotional activities in the U.S.

Use of health and sensitive data in connection with US marketing activities has grown complex. Most recently, focus has been on the use of tracking technologies. FTC enforcement actions in GoodRx and BetterHelp, along with HHS Guidance on how trackers implicate HIPAA, have left health care companies uncertain of how to navigate this complex set of risks and regulator guidance. The implications of those decisions, however, go well beyond tracking technologies and suggests a shifting focus on how health data may be used in the US for marketing in any context. These developments occur at the same time as an explosion of new state laws, many of which impose strict requirements for the processing of sensitive information, including for marketing. Now health and life sciences companies are repeatedly asking important questions with unclear answers.

Join Scott Loughlin, Marcy Wilder, Melissa Bianchi, and Melissa Levine as they work through those questions and a path forward on when – and if – health and sensitive data may be used for marketing and how to do it. We’ll discuss the FTC enforcement actions, HHS guidance and the new state health privacy law trends and what health care companies are doing to navigate this fraught landscape.

Please RSVP by Tuesday, 30 May.

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