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On July 15, 2024, the Office of the New York State Attorney General (OAG) announced new guidance regarding the use of cookies, tags, and other online user information tracking tools. Although New York does not yet have a...more
New York Attorney General Letitia James recently released guidance for businesses and consumers about website tracking technologies. The consumer guide provided examples of common cookies, tracking technologies, and how...more
These are the top 10 things you need to know from from the world of privacy last month, as compiled by me. •Texas means business when it comes to biometrics. The Texas Attorney General recently secured a $1.4 billion...more
Keypoint: Although New York lacks a consumer data privacy law, the New York Attorney General’s office has taken the position that New York’s consumer protection laws require entities to implement certain tracking technology...more
In November of 2023, Meta launched a service in the European Union that allowed users to utilize the Facebook and Instagram platforms “ad free” for a monthly fee. The subscription service was meant to address regulatory...more
New York’s governor recently signed the Stop Addictive Feeds Exploitation (SAFE) for Kids Act. Although signed, the law will not be effective until after the New York Attorney General creates implementing regulations. The law...more
Pennsylvania-based Geisinger Health System said it experienced a breach impacting more than 1.27 million patients when a former employee of vendor Nuance Communications Inc., a Microsoft Corp. subsidiary, accessed patient...more
On June 20, 2024, the Northern District of Texas issued its final order in American Hospital Association, et al. v. Becerra, et al. (AHA), granting the plaintiffs’ (the American Hospital Association, two Texas health systems...more
This year, the federal government has made significant changes to longstanding health care privacy rules, while state lawmakers continue to enact privacy restrictions on consumer health data. These reforms modify legal...more
Much of the focus on US privacy has been US state laws, and the potential of a federal privacy law. This focus can lead one to forget, however, that US privacy and data security law follows a patchwork approach both at a...more
In the privacy world, pixels, cookies, and tracking technologies get all the attention these days. Plaintiffs and regulators alike have been working to persuade courts nationwide that the presence of third-party tracking...more
Plaintiffs’ counsel have developed a new weapon in their arsenal for privacy litigation involving tracking pixels: Arizona’s “Telephone, Utility and Communication Service Records Law,” A.R.S. § 44-1376 et seq....more
Florida recently passed a new law and Utah recently repealed and replaced its previously enjoined law with two new bills (available here and here), which regulate minors’ access to social media platforms. The laws highlight...more
Pixels, cookies, and trackers continue to be front of mind for HIPAA regulated entities seeking clarity on their ability to advertise, market, and engage with existing and prospective patients. On March 18, 2024, the U.S....more
Advertising and privacy. In 2024, it’s hard to talk about one without the other. Almost like peanut butter and jelly. A recent case from the Federal Trade Commission is an important reminder about the privacy and...more
If you are participating in the digital advertising ecosystem, you likely are hearing a lot about pixels, tags, scripts and SDKs lately. But the terminology can be confusing, and terms are not always used consistently, making...more
In the latest example of privacy laws being stretched to fit new digital technologies, plaintiffs have begun to file a flurry of suits alleging that retailers are using pen register and trap-and-trace software to illegally...more
In the latest example of privacy laws being stretched to fit new digital technologies, plaintiffs have begun to file a flurry of suits alleging that retailers are using “pen register” and “trap and trace” software to...more
Real estate businesses frequently operate multiple websites. These may include corporate websites, websites for each of their properties, and websites for their apps and ancillary service offerings. To maximize the...more
2023 saw a continued uptick in privacy litigation filings throughout the United States, with Plaintiffs counsel taking aim at cookies, session replay, video URLs, online “doxing” and the use of other online tracking...more
Article 5(3) of the EU ePrivacy Directive (ePD) requires consent for tracking cookies (unless exceptions apply). Although this rule is best known as the reason behind ‘cookie’ banners, it is technology neutral and applies to...more
On November 29, 2023, a Ninth Circuit panel affirmed the lower court’s decision in Briskin v. Shopify, limiting the court’s jurisdictional reach against e-commerce platforms alleged to have violated privacy and unfair...more
The proliferation of class action lawsuit and arbitration claim filings under the Federal Wiretap Act and various state wiretap statutes has recently grown beyond California, as other states are now beginning to see more...more
Report on Patient Privacy 23, no. 11 (November, 2023) The American Hospital Association (AHA) is urging federal lawmakers to intervene with the HHS Office for Civil Rights (OCR) so that hospitals and health systems can...more
On November 2, 2023, the American Hospital Association and Texas Hospital Association, in conjunction with the Texas Health Resources and United Regional Health Care System, filed suit against the Secretary of the Department...more