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Legal Update

Privacy Developments to Watch

David Almeida Shares Insights on Privacy Trends in Law360

David Almeida was recently quoted in the article Privacy Developments To Watch In Rest Of 2023 published in Law360. In the article, David discussed the prevalence of litigation against hospital systems, telehealth providers and related entities for their use of tracking technologies to collect and to disclose confidential health information to Facebook and other platforms without the users’ informed consent.

Privacy Litigation Amid HIPAA Limitations

“Given that there’s no private right of action under the Health Insurance Portability and Accountability Act, which prohibits the disclosure of personal health information without consumers’ consent, plaintiffs have had to find other ways ‘to attempt to  vindicate users’ privacy rights,’ including by bringing allegations under federal and state wiretapping statutes and asserting various common law privacy claims,” Almeida said.