News & Analysis as of

Third-Party Data-Sharing

Baker Botts L.L.P.

Lawline Sued under the VPPA

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On August 23, 2024, a proposed class action lawsuit was filed by Kamilah Jolly, against FurtherEd, Inc., doing business as Lawline, which centers on allegations that Lawline violated the Video Privacy Protection Act (VPPA)....more

Davis Wright Tremaine LLP

Empire State of Minding the Minors: New York Laws Aim To Ensure Children’s Privacy and Online Safety

On June 7, 2024, the New York Legislature passed two bills to protect children online. The Stop Addictive Feeds Exploitation (SAFE) for Kids Act, S7694A, prohibits social media platforms from providing defined "addictive...more

Klein Moynihan Turco LLP

Third-Party Pixel Tracking Technology Liability

Recently, companies have found themselves defending allegations that the use of third-party pixel tracking technology on their websites violates state consumer privacy laws. Fortunately, these claims do not always survive the...more

Paul Hastings LLP

Paul Hastings Hosts Panel on Litigation Trends and Risk Management

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On May 9, 2024, Paul Hastings participated in a panel on litigation trends and risk management at this spring’s Privacy+Security Forum. Panelists included Carter Simpson (Partner, Paul Hastings) and Matt Gardner (Senior...more

Manatt, Phelps & Phillips, LLP

CMS Restricts Marketing Companies From Sharing Medicare Beneficiary Data

Half of Medicare beneficiaries are enrolled in Medicare Advantage (MA) plans. This extensive growth, which represents a doubling of MA enrollment since 2010, has been driven in part by an extensive network of insurance agents...more

Klein Moynihan Turco LLP

FTC Health Data Privacy Crackdown Continues

On April 11, 2024, Monument, Inc. (“Monument”), settled claims brought by the Federal Trade Commission (“FTC”) alleging that it had committed certain health data privacy law violations. Monument provides online addiction...more

Klein Moynihan Turco LLP

New Federal Privacy Bill Gains Momentum

Last week, a bipartisan coalition in Congress introduced the American Privacy Rights Act (“APRA”), a draft federal privacy bill. The APRA represents the latest effort to create a federal consumer data privacy law after its...more

NAVEX

Compliance & Cybersecurity – Working and Worrying Together About the Intersection of People and Technology

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I’m not a cyber expert, but as a compliance professional with accountability for internal investigations of employee and third-party misconduct I’ve had a front row seat to the evolution of risk that has mirrored the mass...more

WilmerHale

California AG Announces Second CCPA Enforcement Action

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On February 21, the California Attorney General (“AG”) announced a settlement with DoorDash, an online food delivery service, to resolve allegations that the company violated the California Consumer Privacy Act (CCPA) and...more

BakerHostetler

With New Enforcement Action, FTC Warns Against Health Information Being Used for Advertising Purposes

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If the Federal Trade Commission’s (FTC) recent pursuits did not make clear the agency’s deep concerns about the use of health information for advertising purposes, a new enforcement action brought by the FTC against...more

BakerHostetler

Latest FTC Health Privacy Case Sheds Light on Agency Health Privacy Approaches

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Health privacy has been a Federal Trade Commission (FTC) priority for decades, and indeed, one of its very first privacy cases, in the early 2000s, involved the inadvertent sharing of user health data. Fast-forward a few...more

Fox Rothschild LLP

Shape Up Or Ship Out: UK Information Commissioner’s Office Issues New Opinion Regarding Adtech Initiatives

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What does the U.K. Information Commissioner’s Office have to say about what it takes for adtech initiatives to be compliant with data protection? “There is an opportunity for market participants to move towards developing...more

Jackson Lewis P.C.

New York City Council Passes Restaurant-Food Delivery Service Data Sharing Bill

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Restaurants in New York City will soon gain access to valuable information about their delivery customers. On July 29, 2021, the New York City Council approved a bill requiring third-party food delivery services (“FDS”),...more

Fox Rothschild LLP

Key Takeaways: New York City Limits Data Sharing By Food Delivery Apps

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New York City has passed a bill limiting data sharing by food delivery apps and food service establishments. What does that mean? Here are some key takeaways:.....more

BCLP

Is a company required to separately solicit consent each time that it wants to share personal data with a third party for their...

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No. A company can process data only if one (or more) of six lawful purposes applies.  When sharing personal data with a third party for the purpose of permitting the third party to market to data subjects, companies...more

BCLP

Is information disclosed by a business to a third party that provides services considered a “sale” under the CCPA?

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The CCPA broadly defines the term “sale” as including the act of “disclosing” or “making available” personal information “for monetary or other valuable consideration” from one business to another. This arguably could include...more

Proskauer - New Media & Technology

Video Sharing Site Protected by CDA Immunity for Removal of Poster’s “Objectionable Material”

The most typical case that implicates Section 230 of the Communications Decency Act (CDA) involves a provider that hosts content and a third party plaintiff seeking to have content removed. Last month, in a less typical case,...more

BCLP

CCPA Privacy FAQs: Is a business required to post a “do not sell” link if it offers a loyalty program?

BCLP on

Not necessarily. California has two statutes that apply to the sale of information – The California Shine the Light Law and the California Consumer Protection Act. The California Shine the Light Law applies to companies...more

Latham & Watkins LLP

UK Government Launches ‘Smart Data’ Proposals as Data-Portability Agenda Intensifies

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The proposals would grant consumers increasing rights to require providers to share access to their data directly with chosen third parties. The UK government has released a consultation advocating the introduction of...more

BCLP

California and European Privacy FAQs: Does a company have to forward a right to be forgotten request to a third party with whom it...

BCLP on

The California Consumer Privacy Act ("CCPA") was enacted in early 2018 as a political compromise to stave off a poorly drafted, and plaintiff’s friendly ballot initiative. Although the CCPA is scheduled to go into force in...more

Burns & Levinson LLP

The Importance of Privacy by Design in Mobile Apps (Debunking the Aphorism that any Publicity is Good Publicity)

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On Friday, February 22, the Wall Street Journal ran a story titled “You Give Apps Sensitive Personal Information. Then They Tell Facebook” (subscription required). The report gained further traction over the weekend, and by...more

BCLP

California and European Privacy FAQs: Can a business share its marketing list with social media platforms in order to target...

BCLP on

The California Consumer Privacy Act ("CCPA") was enacted in early 2018 as a political compromise to stave off a poorly drafted, and plaintiff’s friendly ballot initiative. Although the CCPA is scheduled to go into force in...more

McGuireWoods LLP

Preparing for 2020: Check In On Your Vendors

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Beginning in 2020, California residents will have the right to opt out of the sale of their personal information under the California Consumer Privacy Act of 2018 (CaCPA or also called CCPA). It is time to revisit your...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #151 – Can Banks Give or Sell My Information to Facebook or Other Social Media Platforms?

Many of our readers questioned me after the Wall Street Journal article this week entitled: “Facebook to Banks: Give Us Your Data, We’ll Give you Our Users.” The questions ranged from “Can they really do this?” to “This is...more

Proskauer - New Media & Technology

No VPPA Liability for Disclosure of Certain Anonymous Digital Identifiers

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

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