Healthcare Data and the New Age of Consent

Patients are sharing more data than ever before with health care apps, but data privacy and consent practices haven’t kept up. Here’s what that means for patients and companies.  

Written by David McInerney
Published on Jul. 29, 2025
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Image: Shutterstock / Built In
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Summary: Healthcare apps collect more patient data than ever, but outdated consent systems leave privacy at risk. Platforms like WhatsApp shifting to ads highlight the need for transparent, enforceable consent and privacy-by-design in digital health.

For years, WhatsApp has been a trusted communication tool for healthcare providers. It was simple, encrypted and accessible. But with its recent pivot to in-platform advertising, that trust is being tested. The shift raises urgent questions about consent: how is patient data used, who has access to it, and are patients truly in control?

4 Tips to Build Trust With Healthcare Data

  1. Clarify consent practices.
  2. Audit and map data flows.
  3. Engage in vendor risk management.
  4. Invest in privacy-by-design.

WhatsApp’s ad rollout is not an isolated issue. It reflects a much larger problem across healthcare: consent systems are outdated, fragmented and ill-equipped for today’s digital health landscape. Patients share more data than ever, but the infrastructure to manage consent hasn’t kept pace.

So, what’s at stake when trust breaks down and how organizations can’t modernize their approach to protect patients? Let’s dive in. 

 

The Consent Challenge in a Changing Landscape

Patients are sharing more health data than ever before through apps, messaging platforms like WhatsApp, and wearables tracking heart rate or oxygen levels. While many are comfortable sharing this level of information with their physicians, they worry about how that data is used beyond the clinic.

That concern is well-founded. Laws like HIPAA protect healthcare providers, but often don’t cover the growing ecosystem of data collectors. Wearable manufacturers, messaging platforms and others are now monetizing data through ads. 

An even scarier thought: If an application or device that you’re using is not selling a product, you are the product. In other words, if a user is entering information into a free-to-use tracker, that data is likely being monetized or sold. Data collected from consumer products and wearables is transmitted directly to a smartphone or computer before its eventual transfer to permanent data storage, which usually occurs in proprietary servers. From here, third parties can gain access to the data — in theory, provided they have the necessary permissions.

This regulatory gap puts patients at risk and healthcare organizations in a tough position. Even providers trying to do the right thing can run into issues when data flows through tools they didn’t fully anticipate. Platform updates or third-party integrations often change without notice, leaving providers exposed. The risk is even higher with sensitive data like reproductive health, mental health, or genetics.

More than red legal flags, these missteps break down trust. Patients expect their health data to stay private. When it’s shared or repurposed without their knowledge, it can feel like a betrayal. And once that trust is gone, it’s near impossible to rebuild.

There’s also a long-term cost: when patients aren’t confident their data is safe, they become less willing to share it. That reluctance can stall important progress and limit the effectiveness of remote care, personalized treatment plans, and research initiatives that depend on consistent, high-quality data sharing.

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A New Privacy Infrastructure Mindset

WhatsApp’s move highlights a deeper issue in healthcare: legacy consent systems that treat privacy as an afterthought. When platforms change how data is used, patients and providers are left operating under outdated privacy assumptions. The solution isn’t better legal language — it’s an architectural shift. Healthcare organizations must embed consent management into the very foundation of their digital health systems. 

From messaging apps to patient portals, consent needs to match how healthcare data actually moves continuously and across platforms. That means building systems where consent is flexible, traceable, and enforceable. At its heart, consent management is about accountability, and making sure patients’ choices are respected at every step.

Without this, organizations risk exposing protected health information, damaging patient trust, and falling out of step with evolving privacy expectations. True consent governance goes beyond paperwork. It means aligning operational systems with ethical intent — proving not just that permission was asked, but that it is respected and monitored throughout the data lifecycle.

 

Big Tech, Bigger Stakes

WhatsApp’s pivot is also a reflection of a much larger trend: Big Tech’s growing footprint in healthcare. Just look at Apple’s ecosystem of health apps and wearables, Amazon’s digital pharmacy and care services or Microsoft’s cloud-based health analytics. They’re all racing to capture and commercialize health data at scale.

On the surface, these platforms promise efficiency, personalization and better outcomes. But beneath the innovation lies a high-stakes tradeoff. As data becomes more valuable, the potential for misuse, overreach or unintended consequences grows.

Healthcare’s increasing reliance on consumer-facing technologies has blurred the boundaries between regulated care and unregulated tech. Without strong, integrated consent governance, patients’ most sensitive information can be extracted, profiled or sold. And that’s why organizations that operationalize privacy by embedding scalable consent management, embracing adaptive compliance and addressing ethical AI concerns will stay ahead of regulations, while also building the trust that defines leadership in healthcare innovation.

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Navigating the New Privacy Landscape

Organizations that invest in getting it right will earn their patients’ trust. Because despite these challenges, healthcare organizations can take concrete steps to navigate an evolving environment:

  • Clarify consent practices. Consent must be specific, transparent, and dynamic. Patients need clear information about what data is collected, how it’s used, and real choices about sharing. Consent management systems can automate and document permissions.
  • Audit and map data flows. Understanding where patient data travels is critical, especially when it’s in a third party platform. Mapping data flows enables risk assessment and compliance.
  • Engage in vendor risk management. Even trusted tools can change. Organizations must evaluate how platform policy shifts — like WhatsApp’s ad introductions — affect privacy and security. Contractual safeguards and ongoing monitoring are essential.
  • Invest in privacy-by-design. Embedding privacy into digital health initiatives, from app development to communication strategies, reduces risks from the outset.

The future belongs to healthcare organizations that treat privacy not as a burden but as a strategic business function. Those that embed consent management deeply, adopt adaptive compliance strategies, and proactively address emerging AI ethics will protect patient trust and unlock the full potential of digital health innovation. 

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