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Rep. Kevin Kiley asks RFK Jr. to investigate California privacy violations

WASHINGTON (4/30/25) – Rep. Kevin Kiley (CA-3) has called on HHS Secretary Robert F. Kennedy Jr. to investigate reports that the personal information of tens of thousands of Californians was compromised. Rep. Kiley’s letter to Secretary Kennedy is attached to this email.

A forensic investigation into Covered California, a California state government entity that operates the state’s Affordable Care Act (ACA) exchange, was found to have tracked users’ personal health information and transmitted it to LinkedIn as part of a “marketing campaign.” The tracked information included pregnancy, prescription drug use, gender identity, and being a victim of domestic violence.

“This is incredibly disturbing,” Rep. Kiley said. “It appears that the privacy rights of Californians were recklessly violated.”

Rep. Kiley is asking HHS to investigate the matter to find out:

Did Covered California violate HIPAA or any other laws?
Who authorized the use of these trackers?
What controls exist to protect data privacy in California’s ACA exchange?
How did Covered California evade these controls?
How many people have been impacted?
Have all of them been notified?
Has any restitution been offered? If so, how much/what type?
Why did Covered California use the trackers contrary to LinkedIn’s explicit guidance?
How can something like this be prevented in the future?