On January 7, 2019, the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) announced its 2020 examination priorities. In doing so, OCIE identified certain areas of technology-related...more
In an important opinion, the Ninth Circuit affirmed a lower court’s ruling that plaintiffs in the ongoing Facebook biometric privacy class action have alleged a concrete injury-in-fact to confer Article III standing and that...more
8/12/2019
/ Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Facebook ,
Facial Recognition Technology ,
Fingerprints ,
IL Supreme Court ,
Injury-in-Fact ,
Personal Data ,
Personally Identifiable Information ,
Social Media ,
Standing ,
Statutory Violations
Senators Brian Schatz (D) and Roy Blunt (R) recently introduced S.847, the “Commercial Facial Recognition Privacy Act of 2019,” a bill that would, subject to certain important exceptions, generally prohibit the commercial use...more
3/26/2019
/ Biometric Information ,
Biometric Information Privacy Act ,
Consumer Privacy Rights ,
Covered Entities ,
Data Collection ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
FTC Act ,
IL Supreme Court ,
Personal Data ,
Personally Identifiable Information ,
Proposed Legislation
On Friday, the WSJ published an article detailing how companies are monetizing smartphone location data by selling it to hedge fund clients. The data vendor featured in the WSJ article obtains geolocation data from about...more
11/7/2018
/ Anti-Fraud Provisions ,
Breach of Contract ,
Computer Fraud and Abuse Act (CFAA) ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Electronic Communications ,
Fund Managers ,
Material Nonpublic Information ,
Personally Identifiable Information ,
Popular ,
Smartphones
There has been a lot of attention in the media lately with respect to the Facebook/Cambridge Analytica issue and its fall-out (including today’s coverage of the announcement that Facebook suspended almost 200 apps pending a...more
5/17/2018
/ Apple ,
Cambridge Analytica ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Facebook ,
Mobile Apps ,
Personally Identifiable Information ,
Privacy Concerns
We have been closely following the legal and legislative developments relating to biometric privacy, and in particular, the flow of litigation under the Illinois biometrics privacy law. It was interesting to see how the...more
In a decision that clarified aspects of the video privacy landscape, the Ninth Circuit affirmed the dismissal of an action alleging a violation of the Video Privacy Protection Act (VPPA) based on an assertion that ESPN’s...more
12/7/2017
/ Data Collection ,
ESPN ,
GPS ,
Internet Streaming ,
Mobile Apps ,
Mobile Devices ,
Personally Identifiable Information ,
Roku ,
Spokeo ,
Unique Device Identifiers ,
VPPA
This week’s Apple X announcement was not more than a few hours old, and the questions began to come in. Apple’s introduction of Face ID facial recognition on its new phone – although already available in some form on several...more
9/15/2017
/ Apple ,
Biometric Information ,
COPPA ,
Cybersecurity ,
Data Use Policies ,
Facial Recognition Technology ,
General Data Protection Regulation (GDPR) ,
iPhone ,
Mobile Apps ,
Mobile Privacy ,
Personally Identifiable Information ,
Spoofing
In Yershov v. Gannett Satellite Information Network, Inc., a user of the free USA Today app alleged that each time he viewed a video clip, the app transmitted his mobile Android ID, GPS coordinates and identification of the...more
9/8/2016
/ Article III ,
Corporate Counsel ,
Data Collection ,
Injury-in-Fact ,
Mobile Apps ,
Motion to Dismiss ,
Personally Identifiable Information ,
Spokeo v Robins ,
Standing ,
Subject Matter Jurisdiction ,
Third-Party ,
VPPA
Another court has contributed to the ongoing debate over the scope of the term “personally identifiable information” under the Video Privacy Protection Act – a statute enacted in 1988 to protect the privacy of consumers’...more
7/1/2016
/ Cookies ,
COPPA ,
Corporate Counsel ,
Data-Sharing ,
Google ,
Invasion of Privacy ,
IP Addresses ,
Nickelodeon ,
Personally Identifiable Information ,
Third-Party ,
Unique Device Identifiers ,
Viacom ,
VPPA ,
Young Lawyers
This past week, the First Circuit issued a notable opinion concerning the contours of liability under the Video Privacy Protection Act (VPPA) – a decision that stirs up further uncertainty as to where to draw the line...more
A New York district court opinion is the latest addition to our watch of ongoing VPPA-related disputes, a notable decision on the issue of what exactly is a disclosure of “personally identifiable information” (PII) under the...more
10/28/2015
/ Analytics ,
Anonymization ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Data Security ,
Disclosure ,
Disney ,
Internet Streaming ,
Mobile Devices ,
Personally Identifiable Information ,
Popular ,
Roku ,
Third-Party ,
Video Privacy ,
VPPA ,
Young Lawyers
The Eleventh Circuit issued a notable ruling this week limiting a mobile app’s liability under the Video Privacy Protection Act (VPPA), 18 U.S.C. § 2710, a law enacted in 1988 to preserve “consumer” personal privacy with...more
10/15/2015
/ Advertising ,
Android ,
App Developers ,
Cartoon Network ,
Data Privacy ,
Data Protection ,
Data Security ,
Digital Downloads ,
Internet Streaming ,
Mobile Apps ,
Nonsubscribers ,
Online Videos ,
Personally Identifiable Information ,
Third-Party ,
VPPA ,
Web Tracking