NAI Legal and Regulatory Analysis: Sensitive Health Information
WASHINGTON D.C. (September 5, 2023)Health-related advertising has been around nearly as long as advertising itself. However, new data collection and storage technology has fundamentally changed how many in the industry operate and the ways in which regulators approach protecting consumer data.
This legal analysis of recent state privacy laws, federal enforcement actions, and associated guidance over the last 18 months finds significant new conclusions regarding how sensitive health data should be defined and treated. These conclusions will ultimately change the way members of the digital advertising industry approach data collection and use – even for those that work with information that has not traditionally been considered “sensitive” or “health-related.”