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Health Data & Online Tracking

Kaiser Permanente: What the Settlement Reveals About Health Website Data

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Posted: 20th January 2026
Susan Stein
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Kaiser Permanente: What the Settlement Reveals About Health Website Data

When healthcare provider Kaiser Permanente agreed to a $46 million settlement over alleged data privacy breaches on its websites and mobile apps, much of the coverage focused on claim deadlines, eligibility and modest payouts.

That information is useful, but it misses the wider point.

The case did not involve hackers breaking into medical systems or stolen patient files. Instead, it centred on how data generated through routine use of healthcare websites and apps was handled behind the scenes.

That distinction matters, because many people assume that anything connected to healthcare automatically receives the highest level of privacy protection. In practice, the reality is more nuanced.


Why This Matters to You

Most people think of healthcare privacy in narrow terms: diagnoses, prescriptions, medical notes. Those are tightly protected. But when healthcare services move online, another layer of information is created — and many users don’t realise it exists.

If you have ever searched symptoms on a provider’s website, booked an appointment through an app, or used an online patient portal, you have created behavioural data. This can include search terms, page visits, timestamps, device details and how you navigate a site.

The problem is that this kind of information is not always treated in the same way as formal medical records. In some cases, it may be processed using analytics tools similar to those used by ordinary commercial websites.

The Kaiser settlement matters because it shows how easily that boundary can become unclear and how disputes can arise even when no obvious harm is shown.


How This Plays Out in Practice

In practice, this is rarely about someone opening your medical file without permission.

A more typical scenario looks like this:

  • A user visits a health-related website or app

  • They search for information, message a clinician, or log into a portal

  • The platform uses third-party tools to understand how users interact with the service

  • Certain data about that interaction is transmitted outside the organisation

Even if no name or diagnosis is attached, the context of the information can still be sensitive. Patterns of searches or page visits, combined with location or device data, can reveal far more than people expect.

What this means is that privacy risk does not always come from a dramatic breach. It often arises quietly, through everyday digital infrastructure operating in the background.


What You Can Do Now

You do not need to stop using online health services. But there are a few sensible steps that help you stay informed and retain control over how your information is handled.

Read privacy notices carefully
Focus on sections covering cookies, analytics and third-party services. These explain whether external companies receive data and for what purpose.

Review app permissions regularly
Health apps may request access beyond what is necessary, including continuous location tracking or background data sharing.

Use private browsing for sensitive research
When researching symptoms or conditions, private or incognito browsing reduces how easily that activity is linked to your wider online profile.

Be cautious with shared devices
Activity on shared phones, tablets or computers may be visible to others using the same accounts or browsers.

These are practical habits rather than technical fixes — and they reflect how modern digital services operate.


If You Are Eligible to Claim

The settlement creates a total fund of $46 million. After legal fees and costs are deducted, most approved claimants are expected to receive a one-off payment of around $20 to $40, depending on the number of valid claims submitted.

Current or former Kaiser Permanente members who used the organisation’s websites or mobile apps during the relevant period must submit a claim by 12 March 2026.

Claims are filed through the official settlement website using a unique class member ID, which was sent to eligible individuals by email or post.

Payments will only be made after final court approval and the resolution of any appeals, meaning compensation is not immediate and may take several months.


What the Law Is Trying to Do

Privacy law generally draws a distinction between health information and digital usage data, even when both arise from the same online interaction.

Healthcare organisations are expected to meet higher standards than ordinary businesses. They must have lawful reasons for processing personal data, limit unnecessary sharing, and be transparent about how information flows through their systems.

However, the law does not prohibit all tracking or analytics. It regulates how such tools are used, disclosed and controlled.

The Kaiser settlement illustrates how legal disputes can arise when users believe those limits were crossed — even where the organisation denies wrongdoing and no misuse of data is proven.


What This Means in Practice

The real lesson from the Kaiser Permanente settlement is not about compensation. It is about awareness of how health information is handled once care moves online.

Healthcare websites and apps generate more than medical records. They also produce behavioural data — searches, page visits, usage patterns that sits at the crossroads of healthcare, technology and privacy law. That information is regulated, commercially valuable and often overlooked by users.

For most people, the answer is not alarm or avoidance. It is knowing what digital health platforms collect, how consent is obtained, and where the boundaries of privacy actually sit.

Online healthcare is now routine. Understanding how your data is treated is simply part of using those services with confidence.


FAQs

Does this settlement mean medical records were shared?
No. The case did not involve claims that full medical files were accessed or exposed. It focused on how certain data generated through website and app use was transmitted.

Is this the same as a data breach or hack?
No. This was not a cyberattack. The dispute centred on tracking and analytics tools, not unauthorised access to systems.

Can this happen with other health websites or apps?
Any digital platform, including healthcare services, may use analytics or tracking tools. The key issue is how those tools are disclosed, limited and controlled.

Should people stop using online health portals?
There is no need to avoid them. Online portals remain widely used and regulated. Being informed about privacy settings and permissions is usually sufficient.

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About the Author

Susan Stein
Susan Stein is a legal contributor at Lawyer Monthly, covering issues at the intersection of family law, consumer protection, employment rights, personal injury, immigration, and criminal defense. Since 2015, she has written extensively about how legal reforms and real-world cases shape everyday justice for individuals and families. Susan’s work focuses on making complex legal processes understandable, offering practical insights into rights, procedures, and emerging trends within U.S. and international law.
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