Website pixel tracking lawsuits remain active across the country—and health care organizations remain prime targets. While much of the focus is on existing website content, a quieter risk often arises earlier: in web development and rebranding contracts. The projects behind those contracts are typically fast-moving and highly creative, with marketing and digital teams exploring new ways to enhance user experience, education, and engagement. However in that push to innovate, third-party tools, platforms, and integrations can be introduced quickly—sometimes without full visibility into the privacy implications they may carry if not properly vetted.
We frequently see statements of work (SOWs) that contemplate adding features like embedded video, analytics tools, or user engagement platforms, but without fully addressing the associated privacy and data-sharing risks those tools may introduce. For example, video hosting platforms such as Vimeo have been cited in recent lawsuits for potential violations of the Video Privacy Protection Act (VPPA), a federal law that allows private actions and statutory damages. While HIPAA itself does not provide a private right of action, plaintiffs in these cases often invoke alleged HIPAA violations to frame their claims and increase settlement pressure, making these issues particularly acute for health care organizations.
A key step is to address this risk early at the contract stage. That may include requiring approval before implementing tracking-enabled technologies, clarifying responsibility where content is client-managed, and establishing clear rules for third-party tools, including appropriate controls and ongoing oversight. Ultimately, the organization remains responsible for all tracking technologies and data flows deployed on its website, regardless of who implemented them. With the right structure, these tools can still be used effectively—but they should be implemented with clear oversight and a privacy-informed approach.
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