Health Privacy Laws Are All Over the Map. Literally.
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.
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