Earlier this month, the U.S. Department of Health and Human Services Office for Civil Rights released guidance to help covered entities understand how they can use remote communication technologies for audio-only telehealth in compliance with the HIPAA Privacy and Security Rules. Specifically, the Guidance clarifies how audio-only telehealth can be conducted after OCR’s Notification of Enforcement Discretion for Telehealth, put in place during the COVID-19 pandemic, is no longer in effect.
Continue Reading HHS Releases Guidance on Audio-Only Telehealth Practices

On May 26, 2022, California Attorney General Rob Bonta issued a press release reminding health app providers that California’s Confidentiality of Medical Information Act applies to mobile apps that are designed to store medical information, which includes health apps such as fertility trackers.
Continue Reading California Attorney General Reminds Health App Providers of Obligations to Protect Reproductive Health Information

On February 18, 2022, the Texas Attorney General’s Office announced it was investigating TikTok for alleged child privacy violations and facilitation of human trafficking on its platform.
Continue Reading Texas Attorney General Investigates TikTok for Potential Child Privacy Violations and Facilitation of Human Trafficking

On December 15, 2021, the Federal Trade Commission announced a $2 million settlement with OpenX Technologies in connection with alleged violations of the COPPA Rule and the FTC Act. The FTC alleged that OpenX knowingly collected personal information from children under 13 without parental consent and collected geolocation data from users who opted out of being tracked.
Continue Reading FTC Announces $2 Million Settlement with Ad Exchange Over Alleged COPPA Violations

On September 14, 2021, the Securities and Exchange Commission announced that analytics firm, App Annie Inc., and its co-founder and former CEO, agreed to pay approximately $10 million to settle securities fraud charges for engaging in deceptive practices and making material misrepresentations about “alternative data” sold by the company. Notably, this is the SEC’s first enforcement action charging an alternative data provider with securities fraud.
Continue Reading SEC Settles with Alternative Data Provider for $10 Million

On September 15, 2021, the Federal Trade Commission issued a Policy Statement to clarify the scope of the FTC’s Health Breach Notification Rule as it relates to health apps and connected devices.
Continue Reading FTC Issues Guidance Clarifying Scope of Its Health Breach Notification Rule for Health Apps and Connected Devices

On September 1, 2021, the FTC banned the operator of a stalkerware app company and its CEO from offering, promoting, selling or advertising any surveillance app, service or business, alleging that the app allowed purchasers to illegally surveil other individuals by monitoring their device activity without their knowledge.
Continue Reading FTC Bans Stalkerware App Company from the Surveillance Business and Orders Company to Delete Any Illegally Collected Information

On September 2, 2021, Ireland’s Data Protection Commission announced a fine of €225 million ($266 million) against WhatsApp Ireland Ltd for failure to meet the transparency requirements of Articles 12-14 of the EU General Data Protection Regulation.
Continue Reading Irish Commissioner Fines WhatsApp €225 Million For GDPR Violations