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Hinckley Allen

Massachusetts’ Highest Court Issues Landmark Decision Dismissing Wiretap Class Action Based Upon Website Tracking Tools

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In a long-awaited decision affecting the scope of privacy protections in Massachusetts, on October 24, 2024, the Massachusetts Supreme Judicial Court (“SJC”) held that collecting and transmitting user browsing activities,...more

McDermott Will & Emery

OCR Withdraws Appeal in AHA v. Becerra

On August 29, 2024, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) withdrew its appeal of the US District Court for the Northern District of Texas’s June 20, 2024, decision in American...more

McDermott Will & Emery

OCR Files Notice of Appeal in Online Tracking Technologies Case

McDermott Will & Emery on

On August 19, 2024, the US Department of Health and Human Services Office for Civil Rights (OCR) filed a notice of appeal of the US District Court for the Northern District of Texas’s June 20, 2024, decision in American...more

Alston & Bird

New York Attorney General Investigates Companies for Website Tags, Publishes Guidelines on Online Tracking Technologies

Alston & Bird on

On July 30, 2024, the New York Attorney General Letitia James announced she had completed an investigation into the tracking technology practices of popular websites, and used this to create website privacy guides on online...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

Goodwin

Federal Judge Vacates Health and Human Services Pixel Tracking Guidance

Goodwin on

On June 20, 2024, a Texas federal judge ruled that guidance published by the Department of Health and Human Services (the Department) prohibiting covered entities from disclosing information collected by third-party...more

ArentFox Schiff

Criminalizing the Internet – Websites as ‘Trap and Trace Devices’ Under CIPA

ArentFox Schiff on

Have you recently visited a plaintiff lawyer’s website? If so, then you may be entitled to compensation under the most contrived California Invasion of Privacy Act (CIPA) theory yet. ...more

Stevens & Lee

HIPAA Implications of Using Web and App Data Tracking Tech

Stevens & Lee on

The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) updated its guidance in mid-March on the “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates” to highlight...more

Husch Blackwell LLP

Privacy Litigation Alert: Two California decisions weigh in on pen registry and “tap and trace” tech claims – but reach different...

Husch Blackwell LLP on

Keypoint: Two California state court decisions have addressed motions to dismiss claims under the novel “pen registry” and “tap and trace” theories, but reached different outcomes after finding different policy considerations...more

Bass, Berry & Sims PLC

OCR Updates Guidance Regarding Compliance with HIPAA in Use of Online Tracking Technologies: Questions Remain

Bass, Berry & Sims PLC on

On March 18, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released updated guidance to “increase clarity” for entities regulated by the Health Insurance Portability and Accountability...more

Goodwin

In Updated Guidance on Use of Tracking Technologies by HIPAA Regulated Entities, HHS-OCR Takes Expansive View of When Information...

Goodwin on

On March 18, 2024, the U.S. Department of Health and Human Services Office for Civil Rights (HHS-OCR) revised its controversial December 2022 bulletin (the December 2022 Bulletin) regarding the use of tracking technologies by...more

Bressler, Amery & Ross, P.C.

OCR Issues Further Guidance on Use of Web Trackers by Regulated Entities

On March 18, 2024, The Office for Civil Rights OCR revised its guidance on “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates” and issued a bulletin to remind regulated entities and the...more

McDermott Will & Emery

OCR Update on Tracking Technologies Provides Little Relief for HIPAA-Regulated Entities

McDermott Will & Emery on

On March 18, 2024, the US Department of Health and Human Services Office for Civil Rights (OCR) issued an update to its December 1, 2022, bulletin titled “Use of Online Tracking Technologies by HIPAA Covered Entities and...more

Constangy, Brooks, Smith & Prophete, LLP

DHHS Office of Civil Rights issues updated guidance on HIPAA requirements for the use of Online Tracking Technologies

On Monday, the U.S. Department of Health and Human Services Office for Civil Rights issued updated guidance on the use of online tracking technologies by covered entities and business associates (here, referred to as...more

Foley & Lardner LLP

HHS Updates Pixels and Trackers Guidance for HIPAA Regulated Entities

Foley & Lardner LLP on

Pixels, cookies, and trackers continue to be front of mind for HIPAA regulated entities seeking clarity on their ability to advertise, market, and engage with existing and prospective patients. On March 18, 2024, the U.S....more

Holland & Knight LLP

OCR Updates Its Website Tracking Tool Guidance

Holland & Knight LLP on

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) issued updated guidance on March 18, 2024 regarding the use of online tracking technologies by entities and business associates covered by the...more

Coblentz Patch Duffy & Bass

Plaintiffs Continue Website Privacy Lawsuits Using 35-Year-Old Statute

In 1988, Congress enacted the Video Protection Privacy Act (“VPPA”) in response to the confirmation hearing of Judge Robert Bork, where his video rental history was disclosed during his Supreme Court confirmation hearing....more

Amundsen Davis LLC

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

Amundsen Davis LLC on

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

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

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

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