Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupport
Contact Us
Search
Close

Kaiser Tracking Tech Case Moves Toward Class Certification

By Kathryn Rattigan on June 12, 2026
Email this postTweet this postLike this postShare this post on LinkedIn

A member of Kaiser Permanente, an integrated managed care consortium headquartered in Oakland, California, has asked a federal judge in Seattle to certify nationwide classes and California subclasses in a privacy lawsuit against Microsoft and Qualtrics over tracking technologies allegedly embedded in Kaiser’s website and patient portal. The plaintiff, identified as Jane Doe, claims that Microsoft’s Universal Event Tracking tool and Qualtrics’ website technologies secretly collected sensitive information from Kaiser members as they scheduled appointments, reviewed test results, searched health topics, and managed care through Kaiser’s online services.

The proposed classes would cover current and former Kaiser members whose health information or other private data was allegedly collected by Microsoft and Qualtrics without their knowledge or consent. The plaintiff is pursuing claims for invasion of privacy and intrusion upon seclusion, along with California-specific claims under the California Invasion of Privacy Act (CIPA) and Unfair Competition Law. In seeking class certification, she argues that the alleged collection practices were common across Kaiser’s website and treated users’ data in the same way, making the case appropriate for class-wide resolution.

The case is another reminder that litigation over pixels, tags, SDKs, and other website tracking tools in healthcare settings remains very active. Although the court previously narrowed the suit by dismissing certain claims, it allowed core privacy theories to proceed. The next major question is whether the plaintiff can show that the alleged data collection practices are sufficiently uniform across Kaiser users to support class treatment. For healthcare organizations and their vendors, the case underscores the importance of understanding exactly what third-party code collects, where that data goes, and whether the organization has a defensible basis for using those tools in patient-facing digital environments.

Photo of Kathryn Rattigan Kathryn Rattigan

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security…

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security compliance. Kathryn helps clients review, revise and implement necessary policies and procedures under the Health Insurance Portability and Accountability Act (HIPAA). She also provides clients with the information needed to effectively and efficiently handle potential and confirmed data breaches while providing insight into federal regulations and requirements for notification and an assessment under state breach notification laws. Prior to joining the firm, Kathryn was an associate at Nixon Peabody. She earned her J.D., cum laude, from Roger Williams University School of Law and her B.A., magna cum laude, from Stonehill College. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.

Read more about Kathryn RattiganEmail
Show more Show less
  • Posted in:
    Health Care and Life Sciences, Privacy and Cybersecurity
  • Blog:
    Data Privacy + Cybersecurity Insider
  • Organization:
    Robinson & Cole LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
  • About LexBlog
  • The Field We Built
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo