Health Privacy: Should Health Marketers Be Able to Target You without Opt-in Consent?

We think not.  Consumers should decide–in advance and fully informed–whether they should be sent ads online for health conditions.  Take a look at WedMD’s privacy policy–which like most marketers hides behind claims that the “cookie”–a digital file placed on your browser”–isn’t personally identifiable.  Here’s what it says [excerpt]:

“Even if you do not register with WebMD, we collect Non-Personal Information about your use of our Web site, special promotions and newsletters…

We collect Non-Personal Information about your use of our Web site and your use of the Web sites of selected sponsors and advertisers through the use of Cookies. Every computer that accesses a WebMD Web site is assigned a different Cookie by WebMD. The information collected by Cookies (i) helps us dynamically generate advertising and content on Web pages or in newsletters, (ii) allows us to statistically monitor how many people are using our Web site and selected sponsors’ and advertisers’ sites, (iii) how many people open our emails, and (iv) for what purposes these actions are being taken. We may use Cookie information to target certain advertisements to your browser or to determine the popularity of certain content or advertisements…Third parties under contract with WebMD may use Cookies or Web Beacons to collect Non-Personal Information about your usage of WebMD’s sites. These third parties may use this information, on our behalf, to help WebMD target our advertising on their sites within their network, and WebMD may further tailor the advertising on these third party sites based on your geographic location (zip code), gender and/or age range to the extent known by these third parties….

WebMD Health Manager tailors the information you receive on your personal Health Manager home page to reflect your interests, concerns and personal health characteristics. We attach a concept unique identifier (CUI) to every piece of information that you provide us. For example, if you complete the HealthQuotient and indicate that you have diabetes, that single piece of information is tagged with a CUI that is specific to diabetes. Every user that indicates he or she has diabetes receives this CUI tag. Each time you view your personalized Health Manager pages, this CUI tag is matched to content from WebMD about diabetes, and if our automated algorithms determine that this is likely to be an important topic to you, it will appear on your personalized pages…”

We don’t mean to single out WebMD–the entire online health and pharma marketing industry requires scrutiny from policymakers and other consumer advocates.  That’s why my CDD is asking both the FDA and FTC to conduct a privacy and consumer protection ‘exam’ of this industry.  Don’t you think such a process should be covered under the new–and much needed–national health care plan!

Author: jeff

Jeff Chester is executive director of the Center for Digital Democracy. A former journalist and filmmaker, Jeff's book on U.S. electronic media politics, entitled "Digital Destiny: New Media and the Future of Democracy" was published by The New Press in January 2007. He is now working on a new book about interactive advertising and the public interest.

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