On August 16, 2024, the U.S. Court of Appeals for the Ninth Circuit issued an opinion partially upholding—and partially vacating—the District Court for the Northern District of California’s preliminary injunction preventing...more
On June 18, 2024, the California Attorney General and the Los Angeles City Attorney (collectively, “the People”) announced a settlement with Tilting Point Media LLC (Tilting Point). The settlement resolves allegations that...more
On June 20, 2024, the United States District Court for the Northern District of Texas ordered the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) to vacate its guidance that had restricted...more
6/26/2024
/ Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OCR ,
Popular ,
Texas ,
Web Tracking
On April 26, 2024, the Federal Trade Commission (FTC) announced a Final Rule that amends the Health Breach Notification Rule (HBNR or Rule) to significantly broaden the FTC’s enforcement power in the area of digital health....more
The Federal Trade Commission (FTC) recently announced two proposed settlement agreements (in the form of a stipulated order) (the “consent orders”) with Monument, Inc., an alcohol addiction treatment service, and Cerebral,...more
On March 18, 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) updated its guidance on the use of online tracking technology by covered entities regulated by the Health...more
3/26/2024
/ Business Associates ,
Covered Entities ,
Cybersecurity ,
Data Protection ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
OCR ,
PHI ,
Popular
On February 9, 2024, the California Third District Court of Appeals in Sacramento overturned a lower court order that postponed enforcement of the California Privacy Protection Agency’s (CPPA) newest rules. The decision...more
2/14/2024
/ California ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws
On December 8, 2023, the California Privacy Protection Agency (CPPA) Board discussed a draft of its forthcoming artificial intelligence (AI) regulations on automated decision making technology (ADMT). The proposed...more
12/19/2023
/ Artificial Intelligence ,
Automation Systems ,
California ,
California Privacy Protection Agency (CPPA) ,
Cybersecurity ,
Data Management ,
Data Protection ,
Machine Learning ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Reform
California residents may soon be able to click “backspace” on data brokers doing business in the state. On October 10, 2023, California Governor Gavin Newsom signed Senate Bill 362, colloquially known as the Delete Act, into...more
10/26/2023
/ California ,
California Consumer Privacy Act (CCPA) ,
Data Brokers ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Opt-Outs ,
Personal Data ,
Privacy Laws ,
Privacy Policy
On July 20, 2023, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) and the Federal Trade Commission (FTC) sent a joint letter to approximately 130 hospitals, telehealth providers, health...more
8/1/2023
/ Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Security ,
Department of Health and Human Services (HHS) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare Facilities ,
Mobile Apps ,
Personally Identifiable Information ,
Telehealth
New Requirements Include Identifying Specific Third Parties to Whom Businesses Disclose Data and Consent for Targeted Advertising to Teens -
Texas, Oregon, and Delaware are the latest states to join the growing landscape...more
7/24/2023
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Delaware ,
Opt-Outs ,
Oregon ,
Personal Information ,
Privacy Laws ,
State Privacy Laws ,
Texas
On June 16, 2023, the Federal Trade Commission (FTC) announced a proposed settlement agreement (in the form of a stipulated order) with genetic testing company Vitagene, Inc., now known as 1Health.io (1Health.io), for...more
In a shocking turn of events, a Superior Court for the County of Sacramento issued a ruling on June 30, 2023, enjoining the enforcement of the California Privacy Protection Agency’s (the “Agency’s”) California Privacy Rights...more
On July 1, 2023, the Colorado Privacy Act (ColoPA) and Connecticut Data Privacy Act (CTDPA) will go into effect, joining California and Virginia, whose data privacy laws are already in effect. Notably, while the California...more
6/29/2023
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Colorado ,
Connecticut ,
Consent ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Management ,
Data Privacy ,
Data Protection ,
Data Security ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws
On May 17, 2023, the Federal Trade Commission (FTC) announced a proposed settlement agreement (in the form of a stipulated order) with Easy Healthcare Corporation, which operates the Premom fertility tracking app (Premom)....more
Wilson Sonsini’s 30th Annual Medical Device Digital Health Conference will address topics of critical importance to medical device and digital health companies today, including key healthcare regulatory considerations, the...more
5/24/2023
/ Acquisitions ,
Angel Investors ,
Artificial Intelligence ,
Business Development ,
Business Opportunities ,
Business Strategies ,
Business Valuations ,
Celebrity Endorsements ,
Data Privacy ,
Digital Health ,
Early Stage Companies ,
Endorsements ,
Entrepreneurs ,
Events ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Health Technology ,
Influencers ,
Innovation ,
Investors ,
IP Portfolio ,
Life Sciences ,
Machine Learning ,
Marketing ,
Med Tech ,
Medical Devices ,
Mergers ,
Partnerships ,
Professional Networking ,
Startups ,
Venture Capital
On April 27, 2023, Washington State Governor Jay Inslee signed a far-reaching health privacy law entitled the “My Health My Data Act” (the Act), which extends protections to consumer health data collected by entities not...more
On March 28, 2023, Iowa Governor Kim Reynolds signed “An Act Relating to Consumer Data Protection” (SF 262) (ICDPA), making Iowa the sixth U.S. state to enact a comprehensive consumer privacy law following California,...more
On March 15, 2023, the Colorado Attorney General’s (Colorado AG) office released the final version of the Colorado Privacy Act (ColoPA) rules (the final rules), which are based on public comments on the third version of the...more
On March 2, 2023, the Federal Trade Commission (FTC) announced a proposed settlement agreement (also referred to as “proposed consent order”) with BetterHelp, Inc., an online counseling service, for allegedly disclosing its...more
On February 1, 2023, the Federal Trade Commission (FTC) announced a complaint against and proposed settlement agreement (the “proposed order”) with GoodRx, a digital health company, over its data sharing practices that...more
On January 27, 2023, the Colorado Attorney General’s (Colorado AG) office released the third version of its proposed draft rules (third draft) for the Colorado Privacy Act (ColoPA) based on public comments it received on...more
On January 27, 2023, the California Attorney General (California AG) Rob Bonta announced an “investigative sweep” of mobile apps in retail, travel, and food service industries for failing to provide a mechanism for—or...more
On December 21, 2022, the Colorado Attorney General’s office published an updated version of proposed draft rules (“modified draft rules”) to the Colorado Privacy Act (ColoPA), which revise the initial draft rules issued in...more
On November 3, 2022, the California Privacy Protection Agency (CPPA, or the Agency) issued modified proposed regulations implementing the California Privacy Rights Act (CPRA),1 which revise the initial proposed regulations...more