On December 1, 2022, the Office for Civil Rights (OCR) at the US Department of Health and Human Services (HHS) issued a Bulletin on the obligations of covered entities and business associates (regulated entities) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy, Security, and Breach Notification Rules (HIPAA Rules) when using online tracking technologies, such as cookies, web beacons and pixels. The Bulletin aims to provide further clarity on when identifiable information collected by such tracking technologies may also constitute protected health information (PHI) as defined and interpreted under the HIPAA Rules. In such instances, the Bulletin instructs that the technology vendor may be seen as providing a service to the regulated entity that would, in light of the use and disclosure of PHI, create a direct or downstream business associate relationship. Accordingly, the Bulletin states that the regulated entities would...