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As we previously covered in February, there has been an increase in lawsuits, including class actions, filed against website operators in various states (including California, Florida, Indiana, Illinois, and Pennsylvania) for violations of state wiretapping laws or the Video Privacy Protection Act of 1988 (VPPA). Since then, there have been some updates to such pending litigation. For purposes of this post, the pending litigation can be broken out into three categories: (1) Chat window wiretapping claims; (2) Session replay technology claims; and (3) claims under the VPPA.…

Continue Reading UPDATE: Litigation Related to Website Technology & Data Sharing

Over the past year, there has been a growing number of lawsuits, including class actions, filed against website operators in various states (including California, Florida, Illinois, and Pennsylvania) for violations of state wiretapping laws or the Video Privacy Protection Act of 1988 (“VPPA”).…

Continue Reading Heads Up!  Increasing Litigation Related to Website Technology & Data Sharing

The Office for Civil Rights (OCR) recently issued a bulletin (the “Bulletin”) addressing the use of online tracking technologies by HIPAA-covered entities and business associates (collectively “regulated entities”). The Bulletin highlights the regulated entities’ obligations under the HIPAA Privacy, Security, and Breach Notification Rules (collectively the “HIPAA Rules”) when using tracking technologies. This blog post provides the key information regulated entities should know about their obligations under HIPAA when they, or their business associates, use tracking technologies.…

Continue Reading Cookies and HIPAA Don’t Always Mix: OCR Issues Guidance on HIPAA and Tracking Technologies

We recently provided an update regarding the California Privacy Protection Agency’s modified regulations (the “Regulations”) for the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (the “CCPA”). In that update, we briefly discussed new requirements regarding website popups, including cookie banners.

The Regulations require Businesses to design and implement methods for consumers submitting CCPA requests and “obtaining consumer consent” that incorporate the following principles:

  • Language that is easy to understand;
  • Symmetry in choice, meaning the business shall not make it more difficult to exercise a more privacy-protective option than a less privacy-protective option;
  • Avoids language that is confusing to the consumer;
  • Avoids using choice architecture that impairs or interferes with the consumer’s ability to make a choice; and
  • Designed in a way that it is easy to execute.

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Continue Reading Cookie Banners under the CCPA/CPRA