I missed this news last week. In Vita v. NEBH, the #Massachusetts SJC decided 5-1 that hospitals using website tracking services aren't violating the state's 1968 wiretap law.
https://commonwealthbeacon.org/courts/tracking-cookies-doesnt-violate-wiretap-law-sjc-rules/
Dissenting justice Dalila Wendlandt wrote:
“Unbeknownst to their patients, the hospitals aided third parties to record this healthcare information, allowing the third parties to create detailed portraits of the patients’ medical needs and to monetize this information for advertisements targeted to those patients. Rather than candidly disclose this arrangement, the hospitals assured patients that, on their websites, the patients’ identities and privacy would be maintained. In short, the hospitals lied.”
She gets it, but the legislature probably won't.
(Majority and dissenting opinions can be found at https://fingfx.thomsonreuters.com/gfx/legaldocs/lbpgjobqqvq/10242024sjc_wiretap.pdf)