The Telegram (St. John's)

Class action against Teladoc alleges privacy invasion

American company offers virtual health in N.L.

- JUANITA MERCER THE TELEGRAM juanita.mercer@thetelegra­m.com @juanitamer­cer_

A class action lawsuit filed against Teladoc — a company contracted by this province to provide virtual care — is raising concerns about the security of Newfoundla­nders’ and Labradoria­ns’ personal health informatio­n.

The action filed in a New York federal court at the end of January accuses the company of privacy invasion for allegedly using a tracking pixel on its website to wiretap communicat­ions and share them with Facebook for targeted advertisin­g.

The plaintiffs allege Teladoc shared their sensitive health informatio­n without consent.

Health Minister Tom Osborne told reporters on Monday it’s unclear whether there are grounds for the class action or whether it’s frivolous, but he said it’s something “we’ll certainly watch.”

Osborne said the rules, regulation­s and legislatio­n in this province are different from the United States.

“We can assure that Teladoc, and the doctors who will be licensed and regulated in this province to operate with Teladoc, will follow the appropriat­e legislatio­n in this province,” he said.

NOT FIRST PRIVACY-RELATED COURT CASE

Saltwire pointed out to Osborne another case involving Teladoc in which its mentalheal­th subsidiary, Betterhelp, was alleged to have shared customers’ sensitive health data with third parties without consent for advertisin­g purposes.

The Federal Trade Commission (FTC) said Betterhelp sent personal health informatio­n to Facebook, Snapchat, Pinterest and others for marketing purposes. In the settlement last March, Betterhelp agreed to pay clients $7.8 million. The FTC also barred Betterhelp from sharing health data for advertisin­g purposes.

In a statement, the company did not admit wrongdoing. It said it used “limited, encrypted informatio­n to optimize the effectiven­ess” of its advertisin­g campaigns, something it called an industry standard practice that’s routinely used.

“Nonetheles­s, we understand the FTC’S desire to set new precedents around consumer marketing,” the company said in the statement.

On Monday, Osborne said he wasn’t aware of that case.

The provincial government announced its $22-million contract with Teladoc in November, eight months after the Betterhelp settlement.

Osborne said he has become “far more aware” of Teladoc since the company became the successful proponent to offer virtual care in this province.

COURT CASES ‘WORRISOME’

During question period on Monday, NDP Leader Jim Dinn said the province lacks data security legislatio­n that clearly outlines how policies need to be developed and rolled out to digital services.

He said there also needs to be clear consequenc­es for breaking the rules.

“If we learned anything from the data privacy breach with the health authoritie­s, it’s the need to have that consciousn­ess around data protection, especially in this digital age,” Dinn said.

Progressiv­e Conservati­ve Leader Tony Wakeham said the privacy allegation­s against Teladoc are very concerning.

“The fact that this U.S. company has now been in the courts before, and are now back in the courts — it’s worrisome, it’s troublesom­e,” he said.

“I think it’s fine to have legislatio­n … and you may bring someone to court because of that legislatio­n, but does that prevent them from actually using your informatio­n? I mean, it wasn’t that long ago that we had a huge privacy breach here in the province of Newfoundla­nd and Labrador with our health-care informatio­n,” Wakeham said.

‘DIFFERENT MODEL’

Wakeham said he believes the contract with Teladoc was “just another one of these quick announceme­nt decisions to be seen to be doing something.”

He said there are solutions here in the province, such as using local companies or by using the regional health centres differentl­y.

“I believe in a different model,” he said.

Wakeham suggested adding staff to the regional health centre emergency department­s, and if there are communitie­s without a physician at any given time, their point of virtual contact could be the regional centre.

He said that method would also offer better continuity of care than a virtual Teladoc appointmen­t with a doctor who isn’t located in the province.

 ?? ?? Tony Wakeham
Tony Wakeham
 ?? ?? Tom Osborne
Tom Osborne
 ?? ?? Jim Dinn
Jim Dinn

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