News & Analysis as of

Tracking Systems Federal Trade Commission (FTC)

DLA Piper

FTC Reiterates that Hashed and Pseudonymized Data is Still Identifiable Data

DLA Piper on

The Federal Trade Commission (FTC) reiterated its long-held view that hashing or pseudonymizing identifiers does not render data anonymous, in a post to its Technology Blog on July 24, 2024....more

ArentFox Schiff

Federal Court Scales Back HIPAA Online Tracking Technology Guidance

ArentFox Schiff on

On June 20, a federal district court in Texas ruled that the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) exceeded its authority under the Health Insurance Portability and Accountability Act...more

Dechert LLP

Dechert Cyber Bits - Issue 60

Dechert LLP on

New BIPA Ruling: Dismissal of Claims Against Samsung Over its Face App Data - On July 24, 2024, a federal judge in Illinois dismissed the case GT v. Samsung Electronics America, Inc., in which a putative class of Samsung...more

Holland & Hart LLP

Court Vacates HIPAA Online Tracking Guidance

Holland & Hart LLP on

On June 20, 2024, a Texas federal court vacated the Office for Civil Rights’ (OCR's) controversial guidance concerning Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates, available here....more

Bilzin Sumberg

FTC Fines Avast Limited for Collection and Sale of Consumer Browsing Data

Bilzin Sumberg on

​​​​​​​Avast Limited, a United Kingdom-based company that marketed its browser extensions and antivirus software to protect consumer privacy did just the opposite—storing consumer browsing data indefinitely and selling it...more

Husch Blackwell LLP

FTC Orders Data Broker to Stop Sharing Sensitive Location Data

Husch Blackwell LLP on

In its May 2023 complaint, the FTC alleged that data broker Outlogic (formerly known as X-Mode Social) (hereafter Outlogic) had engaged in activities that violated Section 5(a) of the FTC Act (15 U.S.C. § 45(a)), which...more

Holland & Knight LLP

Lawsuit Seeks to Block OCR HIPAA Guidance on Online Tracking Tools

Holland & Knight LLP on

Hospitals care about patient privacy, but they also have to connect with the public. In the real world, people mostly connect online. Having a fully functional online presence often requires help from third parties. ...more

Robinson+Cole Data Privacy + Security Insider

Pixel Litigation Drives Transparency in Privacy Policies

Pixels, a piece of tracking software businesses use to assess the success of their advertising campaigns, are creating headaches for in-house counsel as decades-old laws are being revived by litigants. Unlike cookies, pixels...more

Ankura

DHHS OCR and FTC Issue Warning to Hospital Systems and Telehealth Providers Regarding Privacy and Security Risks

Ankura on

On July 20, 2023, the Department of Health and Human Services (DHHS) through the Office of Civil Rights (OCR) and the Federal Trade Commission (FTC) issued a joint letter to hospitals and telehealth providers alerting them to...more

Venable LLP

Federal Trade Commission and U.S. Department of Health and Human Services Issue Warnings Related to Use of "Online Tracking...

Venable LLP on

The Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services' Office for Civil Rights (OCR) recently published a warning letter that they jointly sent to more than 130 hospital systems and...more

Knobbe Martens

Medtronic Sued for Allegedly Sharing Health Info with Google

Knobbe Martens on

Medtronic Minimed, Inc. and Minimed Distribution Corp. (“Medtronic”) were sued in a class action complaint in the Central District of California on August 30, 2023, by users of Medtronic’s InPen® system. The lawsuit alleges...more

ArentFox Schiff

Three FTC Enforcement Trends to Watch This Fall

ArentFox Schiff on

The Federal Trade Commission’s (FTC) privacy and consumer protection enforcement program is in the midst of a transformative period under the leadership of Chair Lina Kahn. Three important, and new, areas of focus this year...more

Bradley Arant Boult Cummings LLP

FTC and OCR Take Aim at Tracking Pixels in Joint Letter Warning Hospitals and Telehealth Providers About Privacy and Security...

In July 2023, the Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services Office of Civil Rights (OCR) sent a joint letter to approximately 130 hospital systems and telehealth providers raising...more

McDermott Will & Emery

For the General Counsel’s Desk: Managing Enforcement Risks Involving Cookies, Pixels, and Other Tracking Technologies

McDermott Will & Emery on

Data governance is a mission-critical issue for every company and institution in the United States. GCs face a host of pressing cybersecurity concerns. Triaging them requires time, attention, and a well-rounded strategy...more

Benesch

Q2 - 2023: Data Privacy & Cybersecurity Quarterly Briefing

Benesch on

Efforts to Address the Lack of Federal Data Privacy Legislation in the U.S. Have Continued - The need for federal data privacy legislation was reiterated in the House Energy and Commerce Committee’s Subcommittee on...more

Dechert LLP

Dechert Cyber Bits - Issues 38

Dechert LLP on

SEC Finalizes Cybersecurity Disclosure Rules for Public Companies - On July 26, 2023, the Securities and Exchange Commission (“SEC”) voted to adopt new rules requiring public companies to make certain disclosures...more

Akerman LLP - Health Law Rx

OCR and FTC Issue Warning to Hospital Systems and Telehealth Providers about Tracking Technologies

On July 20, 2023, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) and the Federal Trade Commission (FTC)announced they were sending a joint letter to approximately 130 unidentified hospital...more

Fox Rothschild LLP

FTC and OCR Issue Joint Website Tracking Warning Letter

Fox Rothschild LLP on

If you are involved with any health information, even if you are not covered by HIPAA, you should be aware of the government’s recent position that there may be serious privacy and serious risks with use of online tracking...more

Hinch Newman LLP

FTC and HHS Warn Hospital Systems and Telehealth Providers About Use of Technologies That Share Sensitive Health Information

Hinch Newman LLP on

The Federal Trade Commission and the U.S. Department of Health and Human Services' Office for Civil Rights are cautioning hospitals and telehealth providers about the privacy and security risks related to the use of online...more

Wiley Rein LLP

FTC and HHS Caution Hospitals and Telehealth Providers on Tracking Tech

Wiley Rein LLP on

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

Cozen O'Connor

FTC and HHS Express Concern Over Health Data Disclosed by Online Tracking Technologies

Cozen O'Connor on

The FTC and HHS Office of Civil Rights sent a joint letter to approximately 130 hospital systems and telehealth providers to warn them about the risks of unauthorized disclosure of personal health information (PHI) associated...more

Robinson+Cole Data Privacy + Security Insider

FTC and HHS Warn Hospitals and Telehealth Providers About Use of Tracking Technologies

On July 20, 2023, the Federal Trade Commission and the Department of Health and Human Services issued letters to hospitals and telehealth providers “about the privacy and security risks related to the use of online tracking...more

Sheppard Mullin Richter & Hampton LLP

Regulators Send Warning Letter to Hospitals and Telehealth Providers About Tracking Technology Use

The FTC and OCR at HHS are continuing to scrutinize the use of tracking technologies that may reveal information about a person’s health or health status. Both agencies recently sent a letter to a reported 130 hospitals and...more

Proskauer on Privacy

FTC and OCR Unite to Safeguard Hospital and Telehealth Data from Online Tracking Threats

Proskauer on Privacy on

On July 20, 2023, the Federal Trade Commission (“FTC”) and the Office for Civil Rights of the United States Department of Health and Human Services (“OCR”) announced that they had sent a warning letter to about 130 hospital...more

Mintz - Privacy & Cybersecurity Viewpoints

OCR and FTC Issue Joint Statement Warning Health Care Providers and App Developers About Use of Third Party Online Tracking...

Covered entities, business associates, and any entities that collect health information about consumers online should carefully review the latest joint letter from the Office for Civil Rights (OCR) and the Federal Trade...more

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