On September 7, 2022, the Children’s Advertising Review Unit of BBB National Programs announced its finding that Tilting Point Media, LLC, owner and operator of the SpongeBob: Krusty Cook-Off app, violated the Children’s Online Privacy Protection Act and CARU’s Self-Regulatory Guidelines for Advertising and for Children’s Online Privacy Protection.
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U.S. Federal Law
OCR Announces $300,000 Settlement Related to Improper Disposal of Physical PHI
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On August 23, 2022, the U.S. Department of Health & Human Services, Office for Civil Rights announced that it had settled a case involving the disposal of physical protected health information. …
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New CFPB Interpretive Rule Targets Digital Marketing Providers
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On August 10, 2022, the Consumer Financial Protection Bureau issued a new interpretive rule clarifying when digital marketing providers must comply with federal consumer financial protection law. Under the new rule, Big Tech companies that use behavioral advertising techniques to market financial products will be subject to the Consumer Financial Protection Act of 2010. …
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FTC Seeks Public Comment Regarding Data Privacy and Security Rulemaking
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On August 11, 2022, the Federal Trade Commission announced it is seeking public comment regarding its advance notice of proposed rulemaking on commercial surveillance and data security. …
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Judge Approves $92 Million TikTok Settlement
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On July 28, 2022, a federal judge approved TikTok’s $92 million class action settlement of various privacy claims made under state and federal law, which will resolve litigation that began in 2019 and involved claims that TikTok violated the Illinois Biometric Information Privacy Act and the federal Video Privacy Protection Act.
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California Privacy Protection Agency Holds Public Meeting to Formally Oppose the Federal American Data Privacy and Protection Act
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Posted in U.S. Federal Law, U.S. State Law
On July 28, 2022, the California Privacy Protection Agency Board held a special public meeting to discuss agency staff’s recommendations that the Board formally oppose the draft federal American Data Privacy and Protection Act. …
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NIH Confidentiality Certificates Add Layer of Privacy Protection Post-Dobbs
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Following the ruling in Dobbs, the National Institutes of Health’s certificates of confidentiality offer an important layer of privacy protection to reproductive health research data. …
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House Committee Passes Comprehensive Federal Privacy Legislation
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On July 20, 2022, the U.S. House of Representatives Committee on Energy and Commerce passed H.R. 8152, the American Data Privacy and Protection Act (as amended), by a vote of 53-2. The ADPPA next will be put before the full House for a vote.
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California Privacy Protection Agency Issues Memo Opposing Federal Privacy Legislation, and California Democrats Join the Cause
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On July 1, 2022, the California Privacy Protection Agency sent U.S. House of Representatives Speaker Nancy Pelosi a memo outlining how H.R. 8152, the bipartisan American Data Privacy and Protection Act, would lessen privacy protections for Californians, and California Democrats have joined the cause.
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FTC Issues Business Alert on Illegal Use and Sharing of Location, Health and other Sensitive Data
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On July 11, 2022, the Federal Trade Commission’s Bureau of Consumer Protection issued a business alert on businesses’ handling of sensitive data, with a particular focus on location and health data.
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