News & Analysis as of

Tracking Systems Technology

Proskauer on Privacy

Same Song, Different Tune: Plaintiffs’ Bar Adds the Song-Beverly Credit Card Act to its Privacy Repertoire

Proskauer on Privacy on

Repurposing old laws to challenge new technologies has become the new normal in the privacy space. Plaintiffs continue to bring a kaleidoscope of privacy claims against companies in the tech age, reviving laws like the...more

McDermott Will & Emery

New York Attorney General Issues Cookie Guidance and Enforcement Warnings

McDermott Will & Emery on

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

Woods Rogers

HHS Updates Its Guidance on Online Tracking Technologies – Controversy Remains

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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

Moore & Van Allen PLLC

New OCR Guidance on Tracking Technologies

Moore & Van Allen PLLC on

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

Davis Wright Tremaine LLP

OCR Updates Guidance on HIPAA and Online Tracking, But New Examples Lead to New Questions

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

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

Manatt, Phelps & Phillips, LLP

FTC and HHS Send Letter Warning of Risks From Online Tracking Technologies

On July 20, 2023, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) and the Federal Trade Commission (FTC) sent a joint letter to approximately 130 hospital systems and telehealth...more

J.S. Held

Litigation Surge From the Use of Tracking Technology & the Sharing of Healthcare and Personal Data

J.S. Held on

Introduction: Tracking Software in the Healthcare Industry - Privacy-related concerns have become increasingly prominent in recent years, especially with the widespread use of third-party tracking tools such as tracking...more

Brooks Pierce

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

Brooks Pierce on

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

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

Jackson Lewis P.C.

HIPAA Regulated Entities: Website or App Tracking Technologies, Pixels Can Create Significant Compliance and Litigation Risks

Jackson Lewis P.C. on

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

Spilman Thomas & Battle, PLLC

OCR and HIPAA Compliance – The Next Step

Recently, lawsuits have been filed against Duke and WakeMed regarding their use of Meta’s Meta Pixel tracking product and the alleged improper disclosure of patients’ protected health information (“PHI”). The U.S. Department...more

Balch & Bingham LLP

FTC Adopts Policy Statement Regarding Increased Scrutiny of COPPA Violations Involving Children’s Privacy

Balch & Bingham LLP on

On May 19, 2022, the Federal Trade Commission voted 5-0 to adopt a policy statement regarding increased scrutiny of the Children’s Online Privacy Protection Act (COPPA) violations involving education technology companies. ...more

Opportune LLP

Supply Chain Visibility: Harnessing Logistics To Drive Value – Part 2

Opportune LLP on

This is the second and final installment of a two-part series that explores the specific advantages of supply chain transparency through tracing and tracking logistics movements. A business’ success hinges on...more

Sheppard Mullin Richter & Hampton LLP

DAA Issues Warning On Device Fingerprinting

The Digital Advertising Accountability Program, which enforces privacy principles for digital advertising, issued a compliance warning to advertisers regarding device fingerprinting. This warning is worth keeping in mind,...more

Womble Bond Dickinson

Life and Death of Technology: 2022

Womble Bond Dickinson on

Everything has a life cycle. Bacteria, insects, people, civilizations, galaxies - all are born, live and pass into eternity eventually. So it goes with technologies....more

Robins Kaplan LLP

Amazon Go Might Be the End of Check-Out Lines

Robins Kaplan LLP on

For anyone who has ever waited in a long line at the grocery story, Amazon hopes it has a solution. In December, Amazon launched its new Amazon Go grocery store in Seattle. Amazon Go is not a typical supermarket: it has no...more

Mintz - Privacy & Cybersecurity Viewpoints

Who is Watching you Watch TV? If You Have VIZIO … Your TV Might Be Watching You

What does your TV-watching history say about you? According to a recent lawsuit against VIZIO, Inc., it might be more than you think! One of the world’s largest sellers of “smart” televisions has recently paid a $2.2 million...more

Robinson+Cole Data Privacy + Security Insider

VIZIO Pays $2.2 Million for Viewing Histories on 11 Million Smart Televisions

The Federal Trade Commission (FTC) issued a press release on February 6, 2017 that it and the State of New Jersey have settled with Vizio for $2.2 million for claims that Vizio installed software on its smart TVs to collect...more

Lowndes

Big Brother and your TV – Vizio settles lawsuit with FTC and NJ Attorney General

Lowndes on

Vizio sold more than 11 million smart televisions since 2010. These televisions contained tracking devices which captured consumers’ IP addresses and television watching practices without alerting consumers or getting their...more

Ballard Spahr LLP

Disclosure Is Key for Cross-Device Tracking, FTC Staff Report Says

Ballard Spahr LLP on

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

Perkins Coie

Bluetooth Beacons: What You Need to Know

Perkins Coie on

Bluetooth beacons can be a powerful tool for customer engagement. The 2015 holiday season saw retailers experimenting with this kind of proximity marketing, and 2016 is looking like it will see the large-scale deployment of...more

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