BetterHelp under Fire : " FTC Alleges Privacy Violations and Misleading Practices in Online Counseling"
| BetterHelp under Fire : " FTC Alleges Privacy Violations and Misleading Practices in Online Counseling" | |
|---|---|
| Short Title | FTC Files a 7.8 million suit against Betterhelp for sensitive data sharing |
| Location | United States of America |
| Date | March 2023 |
| Solove Harm | Surveillance, Aggregation, Identification, Secondary Use, Exclusion, Disclosure, Exposure |
| Information | Preference, Identifying, Computer Device, History, Ethnicity, Contact, Sexual, Medical and Health |
| Threat Actors | BetterHelp, Facebook (Meta), Snapchat |
| Individuals | |
| Affected | Customers of Betterhelp, Diminished Capacity, Protected Classes |
| High Risk Groups | Customers, LGBTQ, Individuals with sensitive medical conditions |
| Tangible Harms | Privacy Violations, Loss of Privacy, Loss of Trust, Change of feelings or perception, Discrimination, Embarrassment, Invasion of privacy, Reputational Damage, Psychological Stress |
Customers of BetterHelp Will Start Getting Refund Letters From $7.8M Data Privacy Settlement, According to the FTC. Refund eligibility notices for both current and past BetterHelp clients have started to arrive. These notices relate to the $7.8 million settlement that the online therapy provider and the company reached last year over claims that the provider had shared private health information with advertisers
Description
In a statement, the Federal Trade Commission (FTC) said that BetterHelp, an online counselling platform, will begin informing customers about refunds related to a 2023 privacy settlement. The company's alleged dishonest data sharing policies and improper handling of confidential health information have led to this development. BetterHelp has agreed to pay $7.8 million as part of the settlement to address privacy violations that affected users who used the service between August 1, 2017, and December 31, 2020. Customers who are impacted will receive emails with instructions on how to request refunds; these claims must be submitted by September 1, 2024.
This case demonstrates the vital significance of protecting private health information in the digital age and the FTC's continued dedication to upholding consumers' right to privacy. It is an important reminder to all online service providers of the need for accountability and transparency when managing user data. The claims made by the FTC focused on BetterHelp's alleged inability to: Prior to sharing personal health information, get the appropriate consent. Limit the use of shared information by third parties. Adhere to its promise of only using consumer data for limited purposes, such as providing counselling services.
The Federal Trade Commission (FTC) of disclosing to third parties, such as Facebook and Snapchat, private health information about its clients, including details about mental health issues. This was done for advertising purposes. Despite assurances that the information would be kept private, BetterHelp is accused of sharing user email addresses, IP addresses, and health questionnaire data with Facebook, Snapchat, Criteo, and Pinterest for advertising purposes. Based on answers to intake questions, BetterHelp gave Facebook access to the past therapy records of 1.5 million website visitors. The business provided Snapchat with the IP and email addresses of about 5.6 million previous users in order to target ads. For a six-month period, BetterHelp disclosed email addresses of over 70,000 visitors to Criteo, including those who had looked into specialized counselling services.
BetterHelp allegedly made up a response to accusations about these practices in 2020, saying that it had shared customer personal information without authorization. Additionally, BetterHelp is prohibited by the settlement from disclosing customer health information for commercial purposes and from disclosing personal data for retargeting without express consent. Without proper user authorization, BetterHelp shared private health information with Facebook and Snapchat. This is against the HIPAA Privacy Rule, which states that before revealing protected health information (PHI), covered entities must get patient consent.
Using sensitive health information for advertising purposes goes against the ethical use of medical data and violates user trust, this comes border privacy violations.
Laws and Regulations
Privacy Concerns
Health Insurance Portability and Accountability Act of 1996
Federal Trade Commission Act
Sources
[https://www.ftc.gov/business-guidance/blog/2023/03/ftc-says-online-counseling-service-betterhelp-pushed-people-handing-over-health-information-broke%0Ahttp://usnews.com/news/best-states/new-york/articles/2024-05-08/betterhelp-customers-begin-receiving-refund-notices-from-7-8m-data-privacy-settlement-ftc-says%0Ahttps://telehealth.org/ftc-betterhelp-investigation-updates/ https://www.ftc.gov/business-guidance/blog/2023/03/ftc-says-online-counseling-service-betterhelp-pushed-people-handing-over-health-information-broke http://usnews.com/news/best-states/new-york/articles/2024-05-08/betterhelp-customers-begin-receiving-refund-notices-from-7-8m-data-privacy-settlement-ftc-says https://telehealth.org/ftc-betterhelp-investigation-updates/]