On December 1, 2022, the Office for Civil Rights at the U.S. Department of Health and Human Services released a Bulletin on the obligations of HIPAA covered entities and business associates under the HIPAA Privacy, Security, and Breach Notification Rules when using online tracking technologies.
Continue Reading HHS Releases Bulletin on Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates

On August 29, 2022, the Federal Trade Commission announced a civil action against digital marketing data broker Kochava Inc. for “selling geolocation data from hundreds of millions of mobile devices that can be used to trace movements of individuals to and from sensitive locations.”
Continue Reading FTC Commences Civil Action Against Data Broker for Selling Geolocation Data

On September 6, 2022, the California legislature presented Assembly Bill 2392 to Governor Gavin Newsom. AB-2392, which has not yet been signed by Governor Newsom, would allow Internet-connected device manufacturers to satisfy existing device labeling requirements by complying with National Institute of Standards and Technology standards for consumer Internet of Things products.
Continue Reading New California Legislation Adds to Existing Smart Device Labeling Requirements

On June 29, 2022, the U.S. Department of Health and Human Services issued two guidance documents to “help protect patients seeking reproductive health care, as well as their providers” following the Supreme Court’s decision in Dobbs vs. Jackson Women’s Health Organization.
Continue Reading HHS Issues Post-Dobbs Guidance to Protect Patient Privacy

On June 3, 2022, the Federal Trade Commission announced it is seeking public comment on its 2013 guidance, “.com Disclosures: How to Make Effective Disclosures in Digital Advertising.” The public can provide comments on possible updates to the guidance through August 2, 2022.
Continue Reading FTC Seeks Public Comment on Modernizing Its Digital Deception Guidance

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 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