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It is hard to believe that we are starting the 25th year of the 21st century. The rapid evolution that technology, privacy and data security have undergone these last 25 years is mindbending. Yet, as we enter 2025, it still...more
Regulatory action and class action lawsuits related to pixels and other website technologies continued to surge in 2023 and 2024, particularly in the healthcare industry....more
The HHS Office for Civil Rights (OCR) has abandoned its appeal of a federal judge’s ruling overturning OCR’s guidance prohibiting covered entities (CEs) and business associates (BAs) from using the web-tracking technologies...more
On July 15, 2024, the Office of the New York State Attorney General (OAG) published website privacy control guidance focused on cookies and other tracking technologies. The guidance identifies common deficiencies and...more
Last week, in a significant win for the American Hospital Association plaintiff, the U.S. District Court for the Northern District of Texas issued an opinion vacating the Department of Health and Human Services’ (“HHS”)...more
The U.S. Department of Health and Human Services, Office of Civil Rights (OCR) recently updated its controversial, year-old guidance document on the use of online tracking technologies by healthcare providers and other...more
On March 18, 2024, the Office for Civil Rights ("OCR") at the U.S. Department of Health and Human Services ("HHS") published updated guidance on the use of online tracking technologies by HIPAA covered entities and business...more
Changes to guidance are unlikely to mitigate widespread concerns - On March 18, 2024, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) revised its controversial guidance on how HIPAA applies...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
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
Schools across the county use a myriad of different surveillance technologies, including school communications monitoring, online monitoring, web filtering, weapon detection systems, and remote video monitoring. According to...more
This month, the Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services' (HHS) Office for Civil Rights sent letters warning about privacy and security risks related to online tracking technologies...more
The Department of Health and Human Services and the Federal Trade Commission have sent a joint letter to approximately 130 hospital systems and telehealth providers to emphasize the risks and concerns about the use of...more
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
Nearly every website has some means of tracking user data to fix bugs and improve the user experience. The plaintiffs’ bar has been actively filing class actions alleging many of these technologies illegally collect user...more
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
Last month, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a bulletin with guidance concerning the use of online tracking technologies by covered entities and business associates...more
On December 1, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) issued a Bulletin entitled ”Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates“ that addresses...more
What’s Trending? (Privacy a la Mode) - Notable fashion brands have been engaging in a “trial period” of new technologies as privacy laws and privacy enforcement are trending – for example, exploring integrating branding...more
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
If you or your third-party providers are engaged in cross-device tracking, you must adequately disclose the practice to your end users, provide them control over their information, and exercise care when collecting sensitive...more
As a technology law blogger and co-editor of Socially Aware, I monitor emerging developments in information technology. What’s hot in IT today? Any shortlist would have to include social media, mobile, wearable technology,...more