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How Patients Can Fight Dark Patterns That Hide Data‑Sharing Opt-Outs

Deceptive portal and consent‑form designs hide opt-out choices, pushing patients to document actions, use step‑by‑step tactics, then report problems to HHS

Overview

  • The Markup and CalMatters published a practical how‑to guide on Thursday that shows patient‑portal flows and clinic forms often use design choices that make saying no to data sharing harder than saying yes.
  • The reporter spent a year registering at 25 clinics across seven states and found recurring tactics such as bundled voluntary and required forms, unclear portal menus, and fine print that obscures opt-out instructions.
  • The coverage highlights a recent example involving MyChart and University Hospitals in Ohio where portal and workflow complexity made opting out especially convoluted, illustrating the wider variation across providers.
  • The guide lists concrete steps patients can take, including getting forms in advance, requesting paper copies, keeping a dedicated contact for health visits, recording screens or photos of signed forms, and asking medical records departments for opt-out procedures.
  • If patients believe their rights were violated they are advised to file a complaint with the HHS Office for Civil Rights, a path supported by privacy expert Peter Swire who encourages submitting complaints even when one is not certain.