(Reuters) – A U.S. federal judge ruled that Meta Platforms will have to face a lawsuit alleging that it violated patients’ medical privacy through its Meta Pixel tracking tool, which was used by hospitals and healthcare providers.
U.S. District Judge William Orrick in San Francisco stated that the plaintiffs can proceed with claims that Meta violated a federal wiretap law, a California privacy law, and its own contractual promises regarding user privacy on Facebook.
In a 26-page decision on Thursday, Orrick acknowledged that the presented evidence did not dismiss the plausible allegations that sensitive healthcare information was intentionally collected and transmitted to Meta.
Orrick dismissed some claims but allowed the plaintiffs, who utilized pseudonyms John Doe or Jane Doe, to replead them.
According to the plaintiffs, Meta Pixel transmitted sensitive health information to Meta when users logged into patient portals where the tracking tool was installed, allowing Meta to generate profits through targeted advertising.
The lawsuit seeks unspecified damages on behalf of all Facebook users whose health information was acquired by Meta.
Meta and the Menlo Park-based company’s lawyers did not respond to immediate requests for comment, nor did the plaintiffs’ lawyers.
At the start of the litigation in June 2020, one of the plaintiffs’ lawyers claimed to have identified at least 664 hospitals and healthcare providers using Meta Pixel.
In its defense, Meta argued that it does not dispute the potential severity of sending sensitive health information. However, the company also asserted that its technology is not inherently harmful or unlawful, and that it is the responsibility of the healthcare providers to determine how to use Meta Pixel.
Nevertheless, Orrick expressed uncertainty regarding whether Meta took sufficient measures to prevent the transmission of patient details and whether the healthcare providers’ consent could excuse Meta.
The judge also acknowledged the existence of “detailed and plausible allegations” that indicate the necessity of transmitting such information for Meta’s advertising services.
The case, titled In re Meta Pixel Healthcare Litigation, is being heard in the U.S. District Court for the Northern District of California under the number 22-03580.
(Reporting by Jonathan Stempel in New York; editing by Jason Neely)
Credit: The Star : Tech Feed
