“The conduct of the defense described here was intentional and highly offensive to a reasonable person,” the complaint reads. “Intentional and reckless behavior of the advocate. . . would cause serious emotional harm, shame, or humiliation to normally sensitive people. “
Advocate Aurora, with headquarters in Downers Grove and Milwaukee, reported the data breach earlier this month. The healthcare provider explains in a statement on its website that it uses internet tracking technology from companies like Google and Meta to help them gather insights into how patients are being treated. and others interacting with their websites.
Advocate Aurora, which operates 27 hospitals, said it later learned that these technologies, pieces of code known as “pixels” that had been installed on their patient portals, transmit some information. certain patients to Google and Meta, and possibly to other third-party providers. It’s unclear exactly how long Advocate Aurora has been using pixel technology, and when information leaks related to it were identified.
“Like others in our industry, we’ve used internet tracking technology to improve the consumer experience on our websites and encourage individuals to schedule the preventive care they need. necessary,” Advocate Aurora said in a statement today. “We’re thoroughly evaluating the information we collect and track. As part of this review and out of an abundance of caution, we’ve turned off pixels and related analytics tools on our products. our online products. We are not aware of any misuse of information arising from this incident.”
Meta did not immediately respond to a request for comment. Google is not listed as a defendant in the lawsuit.
Advocate Aurora said at the time of the data breach announcement that it assumed all patients had an Advocate Aurora Health MyChart account, including LiveWell app users, and any patients using the scheduling facility on Advocate Aurora’s platform may have been affected and exposed Meta or Google information.
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The lawsuit against Advocate Aurora follows a group of similar lawsuits against other health systems across the country, including some in Chicago. A lawsuit was filed against Northwestern Memorial Hospital in August for allegedly providing sensitive patient health data to Meta through its online patient portals. Rush System for Health was sued on September 30 for leaking health information to Meta, Google and digital advertising company Bidtelligent.
Cases like Advocate Aurora’s highlight the challenges hospitals and other care providers face around medical data stored online. Other lawsuits filed around the country show that hundreds of hospital systems and healthcare provider websites sent data to Meta.
In the complaint against Advocate Aurora, Illinois resident Alistair Stewart, a patient of Advocate Aurora since at least 2018 and a Facebook user since at least 2012, is the only individual named in the collective complaint. may be proposed, but potentially thousands could qualify for the class, according to the complaint.
Stewart used Advocates’ LiveWell patient portal to schedule appointments, view test results, read doctor’s notes and communicate with caregivers, the suit said. But in doing so, Stewart’s patient-identifying information was intercepted and disclosed by Advocate Aurora and Facebook, and he had no say, according to the lawsuit.
The complaint alleges that Facebook and Advocate Aurora benefit from pixel technology embedded on web pages.
“Once a Pixel is installed on a business website, businesses have a greater incentive to advertise through Facebook or other Meta-owned platforms, like Instagram,” the complaint reads. “Additionally, even if a business doesn’t advertise with Facebook, Pixel helps Facebook build more of its own better user profiles, which in turn allows Facebook to profit from delivering more targeted ads. more targeted (and more profitable).”
Attorneys representing the plaintiffs in the lawsuit against Advocate Aurora and Meta did not immediately respond to a request for comment. The proposed class action includes all persons in the United States who are current or former patients of Advocate Aurora or any of its affiliates and have used its patient portal. According to the lawsuit, the value of the damage to the classroom exceeded $5 million.
The lawsuit comes as Advocate Aurora is in the process of trying to merge with North Carolina-based Atrium Health. The Illinois Health & Service Facility Review Board, which initially and briefly vetoed the agreement prior to review, will issue a final decision on November 14.
