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Health Privacy Laws Are All Over the Map. Literally.

Published: June 3, 2025Author: 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.

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?

Get in Touch

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