FOR IMMEDIATE RELEASE
April 12, 2024
MEDIA CONTACT
Radim Dragomaca, 919-272-1812, [email protected]
FTC Takes Action Against Digital Health Company for Exposing Private Patient Data to Tech Giants
Whistleblower Aid client identifies 22 additional companies committing similar violations– urges industry-wide enforcement
Washington, D.C., April 12, 2024 – In light of an FTC action this week that will ban a major addiction treatment company from sharing user data with third-party advertisers, Whistleblower Aid is calling for enforcement against 22 additional digital health providers engaging in similar violations. Whistleblower Aid client and FTC whistleblower Dr. Jonathan Stoltman uncovered the systemic sharing of sensitive opioid addiction patient data by these mobile health providers, which were made public in a series of reports put out by the Opioid Policy Institute.
Monument Inc. admitted to violating the privacy of over 84,000 patients between 2020-2022, by sharing their personal and health data with third-party advertising platforms, including Meta and Google, after promising to keep such information confidential. This is a violation of both Section 5 of the FTC Act and the Opioid Addiction Recovery Fraud Prevention Act of 2018.
Addiction patients are among the most vulnerable to deceptive and unfair practices. The consequences of having their health data and personal information publicly exposed are life-altering including the impact on their housing, employment, and broader human rights. The practice of sharing private patient data with third parties like Google or Facebook – without patient consent – is a blatant violation of the law. Accordingly, the FTC order establishes a framework for holding those companies accountable by banning Monument Inc. from sharing patient data with advertisers, deletion of the data that was shared, mandating they seek permission to share data for any other purpose, and imposing a $2.5 million penalty.
Similar accountability under Section 5 of the FTC Act and the Opioid Addiction Recovery Fraud Prevention Act of 2018 is now due for the opioid addiction treatment and recovery companies identified by Dr. Stoltman and the Opioid Policy Institute.
Whistleblower Aid client Jonathan Stoltman, PhD, Director of the Opioid Policy Institute said:
“Today’s ruling is a wake-up call for the entire healthcare industry, but I’m not sure they are listening. The FTC and DOJ have sent a clear signal that exploiting vulnerable patients’ data to advertisers is not just repugnant, it is illegal. Our research continues to show that this practice is widespread among digital healthcare providers. The government and industry have all the information they need to take immediate action against dozens of other companies that are engaging in the same deceptive, illegal practices as Monument Inc. In our years doing this work the industry has not shown an interest in self-correcting these harms. Therefore, we urge continued cross-government action to defend the rights of vulnerable people seeking lifesaving treatment and recovery support.”
Kyle Gardiner, Senior Counsel for Whistleblower Aid added:
“The FTC and DOJ made it clear that sharing sensitive patient data without the patient’s consent will not be tolerated, and violators will be held accountable. Our client has provided the FTC with actionable evidence that nearly two dozen online addiction treatment companies are similarly betraying patient trust. Urgent action is necessary in the wake of today’s order. Sharing the private data of the most vulnerable patients is not a victimless crime, and allowing such violations to continue will dissuade patients from seeking lifesaving treatment options.”
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Whistleblower Aid provides pro bono legal, advocacy, and communications support to government and private sector whistleblowers acting in the public interest. The organization’s lawyers have represented some of the most consequential national security and Big Tech whistleblowers in history, including the Facebook whistleblower Frances Haugen, the anonymous intelligence community whistleblower whose disclosures led to the first impeachment of President Trump, and others.
Whistleblower Aid is a 501(c)(3) organization.
