What You Can Send
What a Fertility Clinic Can Send Ad Platforms
Reproductive health data is some of the most sensitive data a clinic holds. The HHS bulletin on online tracking says that when a tracking vendor receives protected health information for a covered function, regulated entities must “enter into a business associate agreement (BAA) with these tracking technology vendors to ensure that PHI is protected in accordance with the HIPAA Rules.” Its own example is a clinic booking, where the website “might automatically transmit information regarding the appointment and the individual's IP address to a tracking technology vendor.”
On June 20, 2024, in American Hospital Association v. Becerra, a federal court in Texas vacated the part of that bulletin that treated an IP address plus a visit to a public page about a health condition or provider as enough to trigger HIPAA. The HHS page says HHS “is evaluating its next steps in light of that order.” Whether a page on your site involves PHI is a legal question, so talk to your counsel.
Meta's page About prohibited information lists health information it does not want sent through Meta Business Tools, including “Sexual and reproductive health,” “Medical procedures, treatments and testing” and “Body specifications, bodily activities, and biological cycles.” The names you choose for events, conversions and Custom Audiences “must not reflect, imply, or be based on any prohibited information.” Meta can also place a pixel into a core setup, which “restricts the transmission of certain data, such as custom parameters and anything in a URL following the domain”.
TikTok's notice on prohibited data sharing says: “At TikTok, we don't allow advertisers to share information about children, health or financial information, or other categories of prohibited data.” Its health examples include “Information from apps that may be used to schedule medical appointments.”
What to keep out of ad platform data
- Treatment words in page URLs, such as an IVF or egg freezing page path sent with a conversion.
- Event names that describe care, such as ivf_consult_booked. Use a neutral name such as Lead.
- Form answers: cycle details, test results, diagnoses and prior treatments.
- Patient portal pages, and custom audiences built from treatment page visitors or patient lists.
Curve Compliance handles the data side. The free website scan lists the pixels and trackers on your inquiry, booking and treatment pages. Curve then replaces browser ad pixels with one script, sends each platform a fixed list of fields under neutral event names, keeps contact identifiers off by default and SHA-256 hashes them when you turn them on, and checks every event for PHI-like patterns before data reaches an ad platform, flagging them so they can be stopped at the source.
Regulators have acted on fertility data shared for ads
On January 13, 2021, the FTC announced a settlement with Flo Health, developer of a period and fertility-tracking app, alleging that Flo disclosed “sensitive health information, such as the fact of a user's pregnancy,” to third parties including Facebook's and Google's analytics divisions. It finalized the order on June 22, 2021. On May 17, 2023, the FTC charged the developer of the fertility app Premom with disclosing “users' sensitive health data to AppsFlyer and Google,” with a proposed order that included a “$100,000 civil penalty for violating the Health Breach Notification Rule.” Both were app companies, not clinics, but they show how regulators view reproductive health data in ad and analytics tools.