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Pharmacy Law: Massachusetts Attorney General Questions Pharmacies on Patient Vaccine Data Use
Retail pharmacy chain executives from chains including Albertson’s, CVS, Rite Aid, Walmart, Costco, and others, have been contacted by the Massachusetts Attorney General’s office in conjunction with privacy concerns regarding the COVID-19 vaccination.
“We are reaching out in response to reports that personally identifying information is being collected from consumers who seek to obtain vaccinations from retail pharmacies,” began the letter, which was signed by Assistant Attorney General Sara Cable, chief, data privacy and security division.
“The reports echo concerns we have received on behalf of consumers who complain that they are required to provide personal data that is not necessary for the administration of their vaccination, and who worry that such personal data is being collected for unrelated marketing or other commercial purposes.”
The letter expressed an understanding that some personal identifying information is necessary to establish vaccine eligibility, schedule appointments, and seek insurance reimbursement, “But access to life-saving vaccines should not be conditioned on a consumer’s consent to provide personal data not necessary for the vaccination administration. Nor can consent to such data collection or marketing be presumed based on a consumer’s desire to obtain a vaccination.”
The letter concluded with a series of seven questions that the Attorney General’s office is seeking clarification about, including: what information is requested or collected from vaccine patients, whether consumers must create an account with the pharmacy to view vaccination appointments or obtain vaccines, what the purpose for collecting data is and what it will be used for, and how the pharmacies are obtaining consent from each consumer to collect personal data.
The letter was issued after Ms Cable received a letter from the Electronic Privacy Information Center and other groups warning that there was a blurring of the lines between the public health goal of administering vaccines and the commercial goals of the companies who are doing the administration.
Takeaway
Be exceptionally careful with patient data. Never use data for marketing purposes without the consent of the patient.
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