Health Privacy Laws Are All Over the Map. Literally.
June 3, 2025 · Blueprint Audiences
21 states. 21 different privacy laws. Each with its own rules for how data can be used in advertising — especially health data. If you're running media campaigns in 2025, that's chaos.
21 states. 21 different privacy laws. Each with its own rules for how data can be used in advertising — especially health data.
If you're running media campaigns in 2025, that's chaos.
And it's forcing a hard reset on how health audiences are built and used.
The HIPAA Myth
A lot of marketers still operate under one assumption: If it's not HIPAA data, we're in the clear.
That's no longer true.
New state laws have filled the gaps HIPAA never covered — and many of them directly regulate:
- Health-related inferences (not just facts)
- The intent behind data use (e.g., using inferences to reveal someone's condition)
- Consumer rights like opt-outs, deletion, and private lawsuits
And unlike HIPAA, these laws don't just apply to providers and payers. They apply to brands, agencies, publishers, platforms — anyone using data in a way that touches sensitive health traits.
What's Legal in One State Could Be Illegal in Another
A few examples:
- Nevada bans health inferences without consent
- Washington allows any resident to bring legal action
- Connecticut treats data as sensitive based on your intent to understand someone's health
- Maryland has an outright ban on the sale of sensitive data
- Texas is known to aggressively enforce its privacy law
- California has stricter opt-out requirements than most other states
So what's allowed in Texas might be banned in Connecticut. What works in New Jersey could get you sued in Washington.
If you're running a national campaign, that's a compliance nightmare.
Why This Matters for Audience Strategy
Here's the core issue:
Most audience segments were built before California passed the first state privacy law.
They weren't built for:
- Legal scrutiny
- Privacy laws that regulate intent and inferences
- 21 different opt-out requirements
And now? That's catching up to everyone.
In a Chaotic World, the Smartest Move Is Simplicity
The only way forward is to simplify.
To build audiences with:
- ❌ No inferences
- ❌ No modeling
- ❌ No predictions
That's why we're building Blueprint Audiences — to meet the moment with a better foundation.
What's Next
If you work in health advertising, it's time to re-examine how your audiences are built.
Not just from a performance lens — but from a legal one too.
Let's Talk
Ready to discuss a better approach to health audience targeting?
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