On January 13, 2021, the FTC announced that fertility-app developer Flo Health, Inc. (“Flo”) agreed to a settlement over allegations that the company shared app users’ health information with third-party data analytics providers despite representations that Flo would keep such information private.
Continue Reading FTC Settles with Fertility-Tracking App Developer Regarding Health Data Disclosures

As reported on the Hunton Retail Law Resource blog, the Federal Trade Commission settled charges with mobile advertising company Tapjoy, Inc., on allegations that the company failed to provide promised rewards in exchange for completed activities such as the payment of money, disclosure of sometimes-sensitive personal information or registration for “free trial” marketing offers.
Continue Reading FTC Pursues Advertising Network that Failed to Deliver In-Game Rewards in Exchange for Payment or Personal Information

On January 11, 2021, the FTC announced that Everalbum, Inc. (“Everalbum”), developer of the “Ever” photo storage app, agreed to a settlement over allegations that the company deceived consumers about its use of facial recognition technology and its retention of the uploaded photos and videos of users who deactivated their accounts.
Continue Reading FTC Announces Proposed Settlement with App Developer over Alleged Deceptive Practices

On December 1, 2020, the Cyberspace Administration of China released draft rules on the “Scope of Necessary Personal Information Required for Common Types of Mobile Internet Applications” (the “Draft Rules”) (in Chinese).

Continue Reading China Issues Draft Rules on the “Scope of Necessary Personal Information Required for Common Types of Mobile Internet Applications”

On November 12, 2020, Chief Judge Nancy J. Rosenstengel of the U.S. District Court for the Southern District of Illinois rejected Apple Inc.’s (“Apple’s”) motion to dismiss a class action alleging its facial recognition software violates Illinois’ Biometric Information Privacy Act (“BIPA”). Judge Rosenstengel agreed with Apple, however, that the federal court lacks subject matter jurisdiction over portions of the complaint.

Continue Reading BIPA Lawsuit Proceeds Against Apple in Federal Court

On August 6, 2020, President Trump signed executive orders imposing new economic sanctions under the International Emergency Economic Powers Act and the National Emergencies Act against TikTok and WeChat. The orders potentially affect tens of millions of U.S. users of these applications and billions of users worldwide.
Continue Reading U.S. Government Takes Aim at TikTok and WeChat Citing Privacy and Security Concerns

On April 16, 2020, the European eHealth Network published a common EU Toolbox for the use of contact tracing and warning apps in response to the coronavirus pandemic. The Toolbox is part of the common EU coordinated approach to using COVID-19 mobile apps. The Toolbox was accompanied by guidance from the European Commission on data protection and privacy aspects of the use of such apps.
Continue Reading EU Publishes Common Toolbox and Data Protection Guidance on Tracing Apps to Fight COVID-19