News & Analysis as of

Third-Party Web Tracking

Wiley Rein LLP

Litigation Grows Around Website Technologies, With Focus on Sensitive Data

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Data privacy-related lawsuits have skyrocketed in recent years. Federal courts saw over 900 data privacy dockets in 2020 – but witnessed a surge to 1,767 dockets in 2023. At the halfway point in 2024, federal court data...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

Robinson+Cole Data Privacy + Security Insider

Federal Trade Commission Continues to Target Healthcare Companies for Unauthorized Data Disclosures

The Federal Trade Commission (FTC) has assumed the authority to enforce unauthorized data disclosures under the Federal Trade Commission Act (FTC Act). During the past three weeks, the FTC has used this authority to go after...more

Sheppard Mullin Richter & Hampton LLP

Caught in the Web: Hospital Associations Sue OCR on Third-Party Web Tracking Guidance

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

Brooks Pierce

HIPAA Requirements for Using Online Tracking Technologies—What Health Care Providers Need to Know

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Health care providers should evaluate their use of “tracking technologies” on their websites and mobile applications (apps) for compliance with HIPAA.  On December 1, 2022, the Office for Civil Rights (OCR) issued a bulletin...more

Foley Hoag LLP - Security, Privacy and the...

The FTC Outlines What It Sees as “The HIdden Impacts of Pixel Tracking”

In a very comprehensive post from the Federal Trade Commission’s Office of Technology, the FTC takes what it calls “[a] deep dive into the technical side of FTC’s recent cases on digital health platforms, GoodRx &...more

Fox Rothschild LLP

Better Keep Health Data Private, FTC Signals to On-Line Health Care Providers

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Watch out HHS, the FTC is taking the lead in enforcing privacy violations by companies also subject to HIPAA. BetterHelp, an on-line mental health platform, engaged in unfair and unreasonable privacy practices according to...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

Procopio, Cory, Hargreaves & Savitch LLP

HIPAA and Cookies: A Potentially Dangerous Combination

Websites using data tracking and collection software risk potentially serious consequences under the Health Insurance Portability and Accountability Act of 1996, commonly referred to as “HIPAA.” In a Bulletin issued December...more

Faegre Drinker Biddle & Reath LLP

HIPAA Regulation of Online Tracking Technologies

In a December 2022 bulletin published by the Office for Civil Rights at the U.S. Department of Health and Human Services (HHS), HHS made clear that the use of third-party tracking technologies by covered entities and business...more

Fox Rothschild LLP

OCR Warns Providers About Patient Data Trackers

Fox Rothschild LLP on

Earlier this week, our Fox partner Odia Kagan spoke on HIMSS TV about the risks associated with what may be a “blind spot” in your data privacy compliance efforts: the use of data trackers (such as cookies, tracking pixels,...more

BakerHostetler

A Digital Advertising Primer on Preparing for the Post-Cookie World: Part Three

BakerHostetler on

Welcome to the third installment in our eight-part series preparing you for the post-cookie world. In our first post, we provided a deep dive into third-party cookies for a baseline understanding of the technology and the...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

Fox Rothschild LLP

The ‘Morning After’ Third Party Cookies

Fox Rothschild LLP on

The development of alternative techniques to “third-party” cookies cannot be done at the expense of the right of individuals to protect their personal data and privacy, according to France’s Commission Nationale de...more

Spirit Legal

The end of dark patterns in “cookie walls”: German court bans deceptive designs

Spirit Legal on

Website operators are not permitted to use cookies and similar tracking technologies for analysis and marketing purposes without the informed consent of users, if this involves sharing personal data with third parties and...more

BCLP

Avoiding the California Privacy and Security Litigation Tsunami: CCPA FAQ: Can a company be sued under the CCPA for using...

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Many companies, such as online retailers and social media websites, participate in “behavioral advertising.” To participate in the network, the company places code on its website that permits a third party (the behavioral...more

Dechert LLP

Third-Party Data Collection and Consent in Mobile Applications

Dechert LLP on

Recent legislative hearings in the United States and Europe have focused on the means by which large third-party data collectors track individuals via websites. Regulators have paid comparatively little attention to the...more

Proskauer - New Media & Technology

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

Fenwick & West LLP

California Attorney General Issues Privacy Guidelines for Websites

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In the wake of numerous high-profile breaches of user privacy and complaints about sites that track the online activity of users, California Attorney General Kamala Harris has released a 28-page set of recommendations for how...more

Proskauer - Privacy & Cybersecurity

BBB Warns Advertisers and Web Publishers to Take Responsibility for Behavioral Advertising Disclosures

The Better Business Bureau (“BBB”) and the Direct Marketing Association (“DMA”) are in charge of enforcing the ad industry’s Self Regulatory Principles for Online Behavioral Advertising (“OBA Principles”), which regulate the...more

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