Then again, considering the number of retailers that categorize sex toys under sexual health and wellness, health being the keyword, is it possible that HIPAA could be relevant? And if not, should it?
> Then again, considering the number of retailers that categorize sex toys under sexual health and wellness, health being the keyword, is it possible that HIPAA could be relevant?
No, because HIPAA covered entities and the information held by them to which the Privacy and Security rules applies are very explicitly defined, and how retailers categorize products is not a factor.
> And if not, should it?
Probably not, though you could probably make a good case that a more general privacy law not focussed on relations between healthcare providers, payers, and patients should exist and apply.
Considering stores like CVS can freely track things like cough and pain medicine (which are indisputably health-related) for marketing and giving-you-endless-coupons purposes, it almost certainly wouldn't be a HIPAA violation.
