Topic Archives: Privacy

Wheels Are Turning on Federal Self-Driving Policy

One year ago, the federal government test drove its first set of self-driving policies with a four-part announcement from the U.S. Department of Transportation. In twelve months, much has changed, but the wheels are still turning. The U.S. House of Representatives earlier this month passed the bipartisan Safely Ensuring Lives Future Development and Research in ...›

January 30, 2017Consumer Products, FTC, Privacy

FTC Report Reinforces the Rules for Cross-Device Tracking

Well over a year after holding a workshop addressing privacy issues associated with cross-device tracking, Federal Trade Commission (“FTC”) staff have issued a report.  The report sets the stage by describing how cross-device tracking works, noting its “benefits and challenges,” and reviewing (and largely commending) current self-regulatory efforts.  The report also makes recommendations, which—while building ...›

FTC Workshop on New Drone Technologies Raises Familiar Privacy Issues

The Federal Trade Commission’s recent workshop on drones raised familiar issues related to the privacy implications of a new and evolving technology. While the many potential innovations and consumer benefits of drone technology were highlighted, the workshop’s focus was on whether drones raise unique privacy considerations and, if so, how such considerations should be addressed. ...›

September 19, 2016Privacy

Stop Victim Shaming in Cyber Attacks

Defending the American people and economy from hostile state or state-sponsored actors is critical for both economic and national security reasons. However, while our state and federal law enforcement agencies vigorously protect people from criminals and assist victims of crimes, companies that publicly disclose that they have been the victim of a cybercrime are not ...›

August 30, 2016FTC, Privacy

The Scope of “Personally Identifiable Information” Is Changing

It is easier than ever to identify a consumer with just a few pieces of seemingly innocuous information. Advances in big data analytics, combined with the increasing volume of data generated by consumers in their daily lives, have “increasingly blurred [the] line” between personally identifying information (PII) and non-PII, according to a recent speech ...›

Video Privacy
July 14, 2016Privacy

First Circuit Issues Potentially Significant Ruling on Federal Video Privacy Statute’s Application to Mobile Apps

The First Circuit Court of Appeals’ recent decision in Yershov v. Gannett Satellite Information Network, Inc., --- F.3d ----, Case No. 15-1719, 2016 WL 1719825 (1st Cir. Apr. 29, 2016), may carry important implications for mobile app providers seeking to navigate federal privacy laws—in particular, the Video Privacy Protection Act of 1988 (VPPA). ...›

Delta Mobile App

California Court of Appeal Finds AG’s Privacy Suit Over Fly Delta Mobile App Is Preempted

In a recent ruling, California’s Court of Appeal unanimously affirmed the dismissal of California’s complaint against Delta Air Lines, Inc. (“Delta”), which alleged that the company’s Fly Delta mobile application violated California’s privacy laws. The Court of Appeal held that the lawsuit was expressly preempted by the Airline Deregulation Act of 1978 (ADA). ...›

Data Breach
April 21, 2016Privacy

Seventh Circuit’s Latest Word on Standing Requirements for Data Breach Claims

On April 14, 2016, the Seventh Circuit again weighed in on Article III standing requirements in a putative class action involving an alleged data breach. In Lewert v. P.F. Chang’s China Bistro, Inc., Case No. 14-3700 (7th Cir.), the two named plaintiffs each allegedly dined at a P.F. Chang’s location in Illinois during a period that was affected by a data breach. ...›

HIPAA and Health Care Apps: Is Your App Covered?
March 16, 2016FDA, Internet of Things, Privacy

HIPAA and Health Care Apps: Is Your App Covered?

Health care apps are one of the most important and growing segments in the ecosystem known as the Internet of Things (IoT). After the recent amendments to the Health Insurance Portability and Accountability Act (HIPAA) that, among other things, broadened the definition of a “Business Associate,” many technology companies found themselves wondering whether they were, or were not, subject to HIPAA. ...›