How does consent apply to SMS, WhatsApp, or push channels?

Emails containing health information face layered compliance requirements that go beyond standard email marketing regulations. In the United States, HIPAA restricts how covered entities can use email to communicate protected health information, requiring encryption, access controls, and patient authorization for marketing uses. Similar health privacy laws exist in other jurisdictions, each with specific requirements for electronic communications.

The definition of marketing under health privacy laws often differs from general email marketing definitions. HIPAA, for example, distinguishes between treatment-related communications and marketing, with different consent requirements for each. Appointment reminders and prescription notifications typically don't require marketing consent, while promotional communications about services do. Misclassifying a marketing email as treatment-related violates regulations.

Health-related emails outside covered entities still face heightened scrutiny. Wellness apps, fitness services, and health supplement companies may not fall under HIPAA but handling sensitive health information carelessly damages trust and may violate general privacy laws. The sensitivity of health data means subscribers expect and deserve extra protection. When people share health information, they trust you with something deeply personal; that trust demands security, discretion, and genuine respect in every communication.