Personally Identifiable Information Mobile Apps

News & Analysis as of

Eleventh Circuit Affirms That Users of Free Mobile Applications Are Not Subscribers Under the Video Privacy Protection Act

The Video Privacy Protection Act was enacted in 1988 following the publication of Supreme Court nominee Robert Bork’s family video rental records. The Act generally prohibits “video tape service providers” from knowingly...more

Privacy Tip #8 – How teachers can assist students to be safe online

It is scary to read the headlines that kids become victims of crimes, some of them horrific, because of online activity. Kids are naive and susceptible to online predators. Parents must be vigilant in educating their children...more

Uber class action case hits roadblock

A California federal judge has ruled that a former Uber driver who is suing Uber in a proposed class action case was unable to show that he suffers an immediate threat of identity theft and dismissed the driver’s first...more

Advertising Law - October 2015 #4

Eleventh Circuit Rejects Application of VPPA to Free App - The latest decision interpreting the application of the Video Privacy Protection Act in the context of twenty-first century technology provides positive news for...more

Important Circuit Court Ruling Limits Scope of VPPA Liability

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

Does Your Website Privacy Policy Need Some Love?

Everyone does it, especially startups. You need a privacy policy for your website, and your legal budget is limited. Hop onto Facebook (or Google, or Amazon) — cut, paste and voilà! — your startup has a shiny new privacy...more

New Delaware Act Requires Online Privacy Policy for Websites

A new privacy law requires companies to make specific statements about what information is collected on its website. Like California, it also requires that companies state in writing whether they respect “Do Not Track”...more

Delaware Enacts Package of Internet Data Laws

Joining the collection of states with online privacy laws, Delaware has enacted a package of statutes governing the collection, storage and use of the personal information of Delaware residents by websites, Internet and cloud...more

States Try to Make the Grade with Student Data Privacy Efforts

Eight states passed substantive bills during the 2015 legislative session requiring education-focused Internet service, websites and mobile app providers to take measures to protect student data - With students around the...more

Global Privacy Sweep Finds Privacy Issues in Children’s Apps

Last week, the Global Privacy Enforcement Network (GPEN) released the results from their third annual Privacy Sweep. Twenty-nine privacy enforcement authorities spread across 21 countries reviewed 1,494 websites and mobile...more

South Korea introduces further data protection breach penalties to encourage compliance, and issues mobile app guidance

Ever since January 2014, when South Korea’s credit card industry lost huge amounts of customer data during a data breach, the South Korean government has been gradually announcing stricter penalties for those who run afoul of...more

HR Has More Important Things To Do

On Tuesday, Salon published an article titled “5 Ways Corporate HR Departments Monitor Your Movements – Even When You’re Not Working.” Because we’re always interested in the subject of employee monitoring, we eagerly clicked...more

Is My Telehealth App Subject to HIPAA?

Many telehealth and mHealth app developers are concerned about whether or not their app is a medical device under FDA regulations (and rightfully so), they often pay less attention to the Health Insurance Portability and...more

Anonymous Information Actionable under the VPPA?

Technology has allowed consumers to use Apps and devices to stream their favorite content at the touch of a button. The popularity of these streaming Apps and devices has raised legal issues with regard to privacy....more

In-Store Monitoring: How to Enjoy the Benefits of Tracking While Minimizing Potential Privacy Issues

In the latest example of the conflict between technological innovation and privacy concerns, the Federal Trade Commission (FTC) reached a settlement agreement last month with Nomi Technologies, Inc. Nomi is a startup...more

Former Uber Driver Files Class Action for Data Security Breach

Uber Technologies Inc., the internet-based taxi service, was recently hit with a putative class action lawsuit over a data breach involving the personal information of about 50,000 current and former drivers. Uber develops,...more

Recent legal actions highlight issues of children’s online privacy

Companies with online sites and services that expressly target a young audience, such as websites and mobile apps providing entertainment, games or educational enrichment specifically oriented toward children, should already...more

Advertising Law - December 2014 #4

Privacy Authorities to App Marketplaces: Post Links to Privacy Policies - An international coalition of 23 privacy regulators released a plea to app marketplaces to act like “a responsible corporate citizen” and make...more

“Th-th-th-that’s All, Folks!” Federal Judge Dismisses Class Action against Cartoon Network, Finds Anonymous User IDs Don’t Qualify...

On October 8, Georgia Federal District Judge Thomas Thrash, Jr., dismissed a putative class action against The Cartoon Network, Inc., where the plaintiff alleged that the animation company violated the Video Privacy...more

Mobilizing on Mobile Apps: The FTC’s Comment to the CFPB Signals its Priorities

In recent months, the Federal Trade Commission (“FTC”) has been steadily ramping up its efforts to monitor, regulate, and provide best practice guidance in the rapidly expanding field of mobile applications. On September 10,...more

Breaking News: The COPPA Enforcement Actions Are Here!

As we predicted in prior blog posts, the Federal Trade Commission has begun its vigorous enforcement of the Amended COPPA Rule. And one of the players is not a child-related site, so read on. The Commission just announced ...more

FTC Final Orders with Fandango and Credit Karma Provide Guidance on Mobile App Security

In August 2014, the Federal Trade Commission (“FTC”) approved final orders resolving its actions against Fandango, LLC (“Fandango”) and Credit Karma, Inc. (“Credit Karma”) for allegedly misrepresenting the security of their...more

California Federal Court Dismisses User Information Claims Against Digital Wallet Company

On August 12, the U.S. District Court for the Northern District of California dismissed for failure to state a claim a putative class action alleging that a digital wallet provider made unauthorized disclosures of user...more

The FTC Continues Its Focus on the Mobile Arena

The Federal Trade Commission has recently focused its consumer protection efforts on the mobile arena, and particularly video game companies operating in that arena. Early last year, the FTC issued several staff...more

Getting A Handle On VPPA Risk - A Data Driven Approach

Getting a Handle on VPPA Exposure in the Wake of Hulu - Given all the Video Privacy Protection Act (VPPA) activity lately - in particular Hulu's failure to get the VPPA case against it dismissed on summary judgment -...more

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