News & Analysis as of

Mobile Apps Consent

Davies Ward Phillips & Vineberg LLP

Giving Meaning to Meaningful Consent: The Federal Court of Appeal’s Landmark Decision on Data Privacy

In a recent ruling, Canada’s Federal Court of Appeal held that Facebook, Inc. (now Meta Platforms Inc.) breached its obligations under Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) by sharing...more

Greenberg Glusker LLP

Best Practices for Apps & Websites to Avoid Claims Under the California Invasion of Privacy Act (CIPA)

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Amid little clarity from courts, wiretap claims targeting the use of data analytics tools are becoming increasingly common. Here are ways to stay compliant and avoid costly litigation....more

HaystackID

Ambient Light Sensors to Malware Threats: MIT Unveils Smartphone Privacy Risks Amid Market Turbulence

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Editor's Note: In a significant study from MIT's CSAIL, researchers have unveiled vulnerabilities in smartphone ambient light sensors, highlighting them as potential channels for privacy breaches. This discovery underscores...more

Amundsen Davis LLC

“Pixels” and “Cookies,” Charming Terms for Tracking Technology, Can Lead to Ugly Data Privacy Headaches

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Companies in all industries and of all sizes are evaluating sophisticated and useful technology for their websites and applica- tions (their “apps”) in an effort to enhance and develop their image or brand and to support...more

Holland & Knight LLP

Washington State Imposes Far-Reaching Privacy Obligations for Consumer Health Data

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The Washington My Health My Data Act (the MHMD Act) was signed into law on April 27, 2023, creating new restrictions on the collection and disclosure of "consumer health data" by companies in Washington or that is related to...more

Dorsey & Whitney LLP

Tracking Online User Activity: HIPAA and Other Legal Risks

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The use of tracking technologies on websites and mobile applications (e.g., cookies) has become largely ubiquitous in our technology-driven world. Health care providers and organizations, for example, may use tracking...more

Holland & Knight LLP

FTC Seeks First-Ever Health Breach Notification Rule Enforcement: Pixel Users Beware

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For the first time ever, the Federal Trade Commission (FTC) is seeking enforcement under the Health Breach Notification Rule. This regulation requires certain businesses not covered by the Health Insurance Portability and...more

DarrowEverett LLP

The FTC is Turning the Lights On: Dark Patterns Aren't in the Shadows Anymore

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The continued growth and dominance of e-commerce has ushered in a new frontier for businesses. In response to the progressive evolution from brick-and-mortar marketplaces to the current e-commerce dominant landscape,...more

Kelley Drye & Warren LLP

Two Epic Cases from the FTC: Spotlight on COPPA, Unfairness, Teens, Dark Patterns, In-App Purchases, Cancellations, and More

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Just in time for the holidays, the FTC has released two companion settlements resolving allegations that Epic Games (maker of the popular video game Fortnite) violated the Children’s Online Protection Act (COPPA) and the FTC...more

Holland & Knight LLP

Manipulative Online Design Tactics Become Riskier

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In recent years, the use of clickbait and dark patterns has attracted the attention and scorn of state legislatures, the Federal Trade Commission (FTC), state attorneys general, consumer advocates and consumers. Three state...more

Foley & Lardner LLP

Apple Sets Enforcement Date for In-App Account Deletion Requirements and Reminds Developers to Comply with Privacy Laws and...

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On October 6, 2021, Apple announced that the requirement that applications that allow users to create an account must also enable users to initiate deletion of their accounts from within the application will go into effect on...more

Carlton Fields

CF on Cyber: An Update on the Florida Security of Communications Act (FSCA)

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Since the beginning of 2021, more than two dozen class action cases have been filed in Florida state court under Florida's Security of Communications Act. The act has, in some form, been on the books for more than 50 years....more

Fenwick & West LLP

Apple’s iOS 14 Privacy Changes: Five Practical Tips for App Developers

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When Apple announced that one of the major focuses of iOS 14 would be enhancing user privacy, many in the tech community had questions. How would these changes be rolled out? How would they affect not only the mobile...more

Sunstein LLP

Back to Work: The Use of Contact Tracing Technology to Improve Worker Safety

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The Covid-19 pandemic has spawned a number of novel technologies aimed at suppressing the spread of the coronavirus. In China, for example, the most popular messaging and payment apps contain technology that requires a user...more

BCLP

If an App asks users to consent to a privacy notice, and the privacy notice discloses that the App shares user information with...

BCLP on

Arguably not. Some privacy advocates and plaintiffs’ attorneys have argued that the CCPA’s broad definition of the term “sell” might encompass the transmission of user information from an App to an AdTech partner. ...more

Hogan Lovells

Spanish DPA on Use of Cookies: Continued Browsing is Consent

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On November 8, the Spanish data protection authority (AEPD) published new Guidelines on the Use of Cookies (Guidelines) (Spanish only). The Guidelines have been prepared in collaboration with different organisations in the...more

ArentFox Schiff

The Fun App Trap

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We’ve all seen the funny faces appearing across the internet as friends and family use the FaceApp to see what they may look like in 30 to 50 years. The resulting images are wrinkled and gray, but the trade made—instead of...more

Hogan Lovells

China's first data protection measures lifting its veils

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On 28 May 2019, the Cyberspace Administration of China (CAC) released the draft Measures on the Administration of Data Security (Data Security Measures, see our in-house English translation here) for public consultation. ...more

Williams Mullen

Forecasting The Future: What to Learn from The Weather Channel App's Geolocation Lawsuit

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The Los Angeles City Attorney has filed a complaint against the company behind The Weather Channel App (the “TWC App”) claiming its collection of geolocation information violates the state's Unfair Competition Law. The...more

Dechert LLP

Third-Party Data Collection and Consent in Mobile Applications

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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

King & Spalding

Meteoric Rise Of Pokémon Go Spurs Privacy Concerns

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2.7 Million Dollar HIPAA Settlement –  Last week, Oregon Health & Science University (“OHSU”) agreed to pay $2.7 million to resolve potential violations of the Health Insurance Portability and Accountability Act of 1996...more

Proskauer Rose LLP

Three Point Shot - February 2016

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Copyright Suit Alleges Huckabee Campaign Lacks "Eye of the Tiger" - Mike Huckabee's poor performance in the Iowa caucuses – leading to his subsequent withdrawal from the race – isn't his only concern lately....more

Mintz - Privacy & Cybersecurity Viewpoints

Will free apps soon be dead in Europe?

As we’ve discussed previously, the GDPR significantly limits user consent as a basis for processing personal data. One interesting question is whether the new rules on consent will kill free apps in Europe. Free apps...more

Morrison & Foerster LLP

Going To The Heart Of Workplace Health Programs And Apps

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The wearable technology market is booming and shows no sign of slowing down anytime soon. From watches to glasses, to chips and sensors built into clothing and accessories, wearable technology seems to have reached every...more

Goodwin

FCC Ruling Potentially Expands Scope of TCPA

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On June 18, 2015, the Federal Communications Commission (“FCC” or the “Commission”) issued a package of declaratory rulings (“FCC 15-72”) related to telemarketing. Although FCC 15-72 has yet to be officially released, the...more

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