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Health App Data Privacy Issues


A health app lawsuit can stop companies from sharing your data without your consent. 

Nationwide Success

Protecting Sensitive Health Information Nationwide

In today’s increasingly digital age, intensified by the COVID-19 pandemic, telehealth apps have become important tools for Americans. These accessible apps allow people to address health needs like checkups, mental health, or tracking general wellness. 

However, under this convenience lies a troubling concern: a major invasion of health apps data privacy. Medical organizations and legal experts warn that patient data sharing with these apps is worsening an already growing issue.

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Several medical organizations have informed regulators that unsuspecting people who authorize consumer apps to retrieve, store, and distribute their health data could be causing data misuse and data theft.

The Lyon Firm does not allow large corporations to get away with the rampant misuse of sensitive data. A health app lawsuit can help you retake control of your personal information. Contact us online or call (513) 381-2333 to learn how our team can protect your privacy. 

FTC Health Data Privacy Laws

The most recent Federal Trade Commission (FTC) policy on health app data privacy underlines the importance of corporate transparency. While health app developers must inform consumers of data breach incidents, this alone is not enough to safeguard patient data. 

Health apps and wearable fitness tracking devices that collect patient health information are usually subject to the Health Breach Notification Rule if they can pull data from multiple sources.

However, many health apps are not regulated under HIPAA, even though they may collect and store the same sensitive data as other HIPAA-covered entities, like clinics or pharmacies. 

The FTC says that while the Health Breach Notification Rule is now more than ten years old, the “explosion in health apps and connected devices makes its requirements with respect to them more important than ever.” 

Consumer Health Data Stored by Apps

Beware of health app data that is regularly collected and stored, which may include the following:

  • Names
  • Device names
  • Locations
  • Operating system version
  • Web browsing behavior
  • Medications
  • Email addresses
  • International mobile equipment identity (IMEI)
  • Fingerprint identification on mobile phones
  • Media access control (MAC)

Who Is My Data Shared With?

Consumer data may be shared with app developers, parent firms, and third-party digital ad, sales, and marketing companies. Some fourth parties may also wind up with the data. Tech companies like Alphabet, Facebook, and Oracle build profiles of users and target them with ads.

For many companies, collecting health information from health app consumers is part of their underlying business model. However, they are still expected to adhere to data breach notification policies to ensure compliance and transparency.

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ABOUT THE LYON FIRM

Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.

The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.

NO COST UNLESS WE WIN

The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.

Your sensitive health information should be confidential, and when mishandled, it may affect your insurance coverage and rates or lead to identity theft or fraud. 

It’s a deep betrayal of trust when health apps share your personal data without your consent. The Lyon Firm stands ready to support individuals deceived by companies. Contact us online or call (513) 381-2333 to protect your information.

Which Apps Are Collecting My Consumer Health Data?

According to a study published in the British Medical Journal, which analyzed over 20,000 mobile health apps, researchers found that 88% of the apps contained code with the ability to collect user data.

Most health app data collection protocols involve third-party providers, with only 47% of data transmissions in compliance with the app’s privacy policies. Some health apps fail to provide any consumer health data privacy policy at all.

Below are the types of apps that can store and sell your information: 

Weight-Loss Apps

Most weight-loss apps typically ask you to complete a questionnaire to customize your experience. These questions may include your body type, exercise routine, weight, eating habits, and sometimes your medical history. 

London-based non-profit Privacy International revealed that diet apps are sharing this data with third-party marketers or not protecting it properly. Noom, BetterMe Meal Plan, Fullstory, and VShred were some of the apps the study reviewed. 

Fitness Tracker Apps

Fitness tracker apps can expose personal data due to potential data breaches. Since many of these apps connect to users’ phones via Bluetooth, they are vulnerable to hacking.

Although federal and state laws may not classify the data as “health information,” personal data from fitness trackers may be shared or sold to law enforcement or data brokers or used for advertising purposes. 

Period Tracker Apps

Period tracker apps offer valuable insights that many rely on. However, they also collect sensitive data. They may gather information on sexual activity, pregnancy attempts, and miscarriages, which raises huge privacy concerns. 

In 2020, Consumer Reports discovered that five popular period tracker apps–BabyCenter, Clue, Flo, My Calendar, and Ovia–stored user data without ensuring it wouldn’t be shared with third parties. 

This data could be used for targeting advertising or influencing users’ access to life insurance or loans. 

What Companies Have a Health App Lawsuit Filed Against Them?

In 2023, the FTC took significant legal action against several companies that provide digital health platforms and mobile health apps. These companies included GoodRx, BetterHelp, Premom, and Vitagene

The agency targeted these companies for sharing consumers’ sensitive info for advertising, violating the Health Breach Notification Rule, deceiving users about their sharing practices, and changing their privacy policies retroactively. 

The FTC reached settlements with the companies for their violations, with fines totaling nearly $9.5 million. 

Examples of Health App Lawsuit Settlements

Empowered by the FTC reprimanding of health app companies and fed up with the abuse of their sensitive information, many people have successfully taken a stand by filing lawsuits. 

Several of these class action lawsuits have already produced impressive outcomes, such as: 

  • A $13 million sum to settle a class action lawsuit against GoodRx in 2023, alleging the company disclosed personal health information via tracking technologies without plaintiffs’ consent.
  • In 2023, Easy Healthcare agreed to pay $750,000 to resolve claims that it shared the private information of people who used the Premom app.
  • Mental telehealth company Cerebral will pay nearly $5.1 million in refunds to customers for handing over sensitive information to third parties and for poor security practices.

Why Choose The Lyon Firm

For nearly two decades, our lawyers have protected the rights and interests of individuals dealing with issues like data breaches, privacy infringements, or other cybersecurity issues in this fast-paced digital environment. 

The Lyon Firm ensures large corporations cannot hide behind their money and power to take advantage of consumers. Contact us online or call (513) 381-2333 if your sensitive health information has been exploited.

photo of data privacy attorney Joe Lyon
Reviewing Data Theft & Data Misuse Claims

Why Are Data Privacy Cases Important?

Without personal data privacy violation class actions, large corporate defendants would be able to cause harm to a large group of individuals without any risk of monetary penalty. 

By holding companies accountable for safely storing your personal information, every consumer will have more control over how their data is used in the future. 

CONTACT THE LYON FIRM TODAY

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How Can I Protect My Data?

You can take a few proactive steps to shield your data when using health apps, including exercising caution when considering “free” apps, deactivating your account for health apps you no longer use, trying alternatives to health apps like calendars, switching off any unnecessary permissions, and reading the privacy policy. 

Can I Sue a Health App Developer for Sharing My Data Without My Consent?

Yes, you may have grounds to take legal action against a company that shares, misuses, or fails to protect your personal information. Many companies have a duty to adhere to the Health Breach Notification Rule to prevent the unauthorized disclosure of health information. You may qualify for a lawsuit if they violate this law or fail to obtain consent.

What Can a Health App Data Privacy Lawyer Do for My Case?

A lawyer can help you if your sensitive health information has been mishandled or shared without your consent. Our team can assess the extent of the privacy breach, hold the companies accountable, and recover compensation for any damages you suffered due to your personal data being exploited. 

Can Health Data Privacy Laws Vary By State?

Yes, privacy laws may differ in certain states. While federal laws set a baseline, some states have their own regulations for companies to follow for cybersecurity and privacy measures. As of June 2024, 18 U.S. states have enacted comprehensive consumer data privacy laws. 

Learn About the Legal Process

In today’s increasingly digital age, intensified by the COVID-19 pandemic, telehealth apps have become important tools for Americans. These accessible apps allow people to address health needs like checkups, mental health, or tracking general wellness. 

However, under this convenience lies a troubling concern: a major invasion of health apps data privacy. Medical organizations and legal experts warn that patient data sharing with these apps is worsening an already growing issue.