LinkedIn’s Insight Tag Creates Legal Entanglements–Doe v. LinkedIn

This opinion is an offshoot of the multitudinous Meta Pixel cases. LinkedIn offered its own tracking technology called the Insight Tag. Prior blog post. In this case, two healthcare entities, Covered California and Nevada Health Link, installed the Insight Tag, which alleged sent consumers’ sensitive health information to LinkedIn. The lawsuit over these implementations leads to a partially split ruling. Consumer Consent LinkedIn’s own disclosures may be sufficient (see LB v. LinkedIn in my prior post), but its partners’ disclosures are not. Covered California’s disclosures expressly say “no personal information is sold or distributed,” and Nevada Health Link’s disclosures do not mention sharing data with third parties. Furthermore, “Courts have often found a lack of consent when the type of data collected, though conceivably included in the disclosure, falls outside the plaintiffs’ reasonable expectations.” LinkedIn capturing consumers’ “medication and dosage” would be outside such…