Privacy & Information Security Law Blog

On September 6, 2023, the European Commission designated six companies as gatekeepers under Article 3 of the Digital Markets Act (“DMA”). The new gatekeepers are Alphabet, Amazon, Apple, ByteDance, Meta and Microsoft. Jointly, these companies provide 22 core platform services, including social networks, internet browsers, operating systems and mobile app stores.

On May 18, 2023, the Federal Trade Commission announced it is seeking comment to proposed changes to the Health Breach Notification Rule (the “Rule”). The Rule requires  vendors of personal health records (“PHR”), PHR-related entities and service providers to these entities, to notify consumers and the FTC (and, in some cases, the media) in the event of a breach of unsecured identifiable health information, including cybersecurity intrusions and other instances of unauthorized access. By clarifying the Rule’s scope and applicability, and by modernizing allowable methods of notice, the proposed amendments seek to update the Rule to account for technological change since the Rule’s issuance, which includes the proliferation of health apps and connected devices, and the emergence of a widespread market for health data.

On March 3, 2023, the U.S. Department of Justice (“DOJ”) released an update to its Evaluation of Corporate Compliance Programs guidance (“ECCP Guidance”). The ECCP Guidance serves as a guidance document for prosecutors when evaluating a corporate compliance program. Among other updates, the ECCP Guidance now includes new guidance for assessing how companies govern employees’ use of personal devices, communication platforms and messaging applications.

On December 1, 2022, the Office for Civil Rights at the U.S. Department of Health and Human Services (“HHS”) released a Bulletin on the obligations of HIPAA covered entities and business associates under the HIPAA Privacy, Security, and Breach Notification Rules when using online tracking technologies. 

On December 7, 2022, the Federal Trade Commission released an updated Mobile Health App Interactive Tool to help developers determine what federal laws and regulations apply to apps that collect and process health data. The updated version of the tool, which revises the initial release in 2016, aims to assist developers of mobile apps that will access, collect, share, use or maintain information related to an individual consumer’s health, such as information related to diagnosis, treatment, fitness, wellness or addiction.

On November 21, 2022, Meta Platforms, Inc. (“Meta”) announced updated practices designed to protect the privacy of young people on Facebook and Instagram, including default privacy settings for new accounts, measures to limit unwanted interactions with adult users, and a tool to limit the spread of teens’ intimate images online.

On November 14, 2022, Google LLC (“Google”) agreed to a $391.5 million settlement with the attorneys general of 40 U.S. states over the company’s location tracking controls available in its user account settings.   

The investigation by the state attorneys general found that, between 2014 and 2020, Google misled users by failing to disclose that toggling the “Location History” setting to off did not disable all tracking activities. The settlement noted that Google retained the ability to track users’ location via the “Web & App Activity” setting, and used the information for targeted advertising purposes.

On October 9, 2022, TC260 of China issued the Information Security Technology - Basic Security Requirements for Pre-installed App of Smartphones for public comment ending December 6, 2022 (the “Guidelines”). The Guidelines are applicable to smartphone manufacturers and also provide reference to relevant regulators and third-party assessments.

On October 3, 2022, Google LLC (“Google”) agreed to pay the State of Arizona $85 million to settle a consumer privacy lawsuit that alleged the company surreptitiously collected consumers’ geolocation data on smartphones even after users disabled location tracking. 

On September 7, 2022, the Children’s Advertising Review Unit (“CARU”) of BBB National Programs announced its finding that Tilting Point Media, LLC (“Tilting Point”), owner and operator of the SpongeBob: Krusty Cook-Off app (the “App”), violated the Children’s Online Privacy Protection Act (“COPPA”) and CARU’s Self-Regulatory Guidelines for Advertising and for Children’s Online Privacy Protection (“CARU’s Guidelines”). CARU has recommended a variety of corrective actions with respect to Tilting Point’s advertising and privacy practices.

On July 11, 2022, the Federal Trade Commission’s Bureau of Consumer Protection issued a business alert on businesses’ handling of sensitive data, with a particular focus on location and health data. The alert describes the “opaque” marketplace in which consumers’ location and health  data is collected and exchanged amongst businesses and the concerns and risks associated with the processing of such information. The alert specifically focuses on the “potent combination” of location data and user-generated health and biometric data (e.g., through the use of wellness and fitness apps and the sharing of face and other biometric data for app/device authentication purposes). According to the alert, the combination of location and health data “creates a new frontier of potential harms to consumers.”

On June 29, 2022, the U.S. Department of Health and Human Services (“HHS”) issued two guidance documents to “help protect patients seeking reproductive health care, as well as their providers” following the Supreme Court’s decision in Dobbs vs. Jackson Women’s Health Organization. These guidance documents address the legal protections for individuals’ protected health information (“PHI”) relating to abortion and other reproductive health care, as well as how individuals can protect their medical information on personal devices, menstruation tracking apps and other health-related apps.

On June 13, 2022, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) released guidance to help covered entities understand how they can use remote communication technologies for audio-only telehealth in compliance with the HIPAA Privacy and Security Rules (the “Guidance”). Specifically, the Guidance clarifies how audio-only telehealth can be conducted after OCR’s Notification of Enforcement Discretion for Telehealth (the “Telehealth Notification”), put in place during the COVID-19 pandemic, is no longer in effect.

On May 26, 2022, California Attorney General Rob Bonta issued a press release reminding health app providers that California’s Confidentiality of Medical Information Act (“CMIA”) applies to mobile apps that are designed to store medical information, which includes health apps such as fertility trackers. The press release reminds health app providers that the CMIA requires businesses to preserve the confidentiality of medical information and prohibits the disclosure of medical information without proper authorization. It also urges mobile app providers to adopt robust security and privacy measures to protect reproductive health information. According to the press release, this should include, at a minimum, “assess[ing] the risks associated with collecting and maintaining abortion-related information that could be leveraged against persons seeking to exercise their healthcare rights.”

On February 18, 2022, the Texas Attorney General’s Office (the “Texas AG”) announced that it had issued two Civil Investigative Demands (“CIDs”) to TikTok Inc. The Texas AG’s investigation focuses on TikTok’s alleged violations of children’s privacy and facilitation of human trafficking, along with other potential unlawful conduct.

On January 21, 2022, the Federal Trade Commission published two new resources for complying with the Health Breach Notification Rule (the “Rule”). In September 2021, the FTC issued a Policy Statement clarifying that the Rule applies to makers of health apps, connected devices and similar products. As we previously blogged, the Rule requires vendors of personal health records (“PHR”), PHR-related entities and service providers to these entities, to notify consumers and the FTC (and, in some cases, the media) in the event of a breach of unsecured identifiable health information, including cybersecurity intrusions and other instances of unauthorized access.

On December 15, 2021, the Federal Trade Commission announced a $2 million settlement with OpenX Technologies (“OpenX”) in connection with alleged violations of the Children’s Online Privacy Protection Act Rule (“COPPA Rule”) and the FTC Act. According to the FTC’s complaint, OpenX knowingly collected personal information from children under age 13 without parental consent, and collected geolocation data from users of all ages who opted out of being tracked.

Beginning in 2022, Apple and Google will impose new privacy requirements on mobile apps available for download in the Apple App Store and Google Play Store, respectively. As described further below, Apple’s new account deletion requirement will apply to all mobile app submissions to the Apple App Store beginning January 31, 2022. Similarly, Google’s new Data Safety section will launch in February 2022, and app developers will be required to submit to the Google Play Store Data Safety forms and Privacy Policies by April 2022.

On September 14, 2021, the Securities and Exchange Commission (“SEC”) announced that analytics firm, App Annie Inc., and its co-founder and former CEO and Chairman Bertrand Schmitt, agreed to pay approximately $10 million to settle securities fraud charges for engaging in deceptive practices and making material misrepresentations about “alternative data” sold by the company. Notably, this is the SEC’s first enforcement action charging an alternative data provider with securities fraud.

On September 15, 2021, the Federal Trade Commission issued a Policy Statement to clarify the scope of the FTC’s Health Breach Notification Rule (the “Rule”) as it relates to health apps and connected devices. In its Policy Statement, the FTC emphasized that the Rule was designed to ensure that entities not covered under HIPAA must still be held accountable in the event of a breach of consumers’ sensitive health information. The Rule requires vendors of personal health records (“PHR”), PHR related entities, and service providers to these entities, to notify consumers and the FTC (and, in some cases, the media) in the event of a breach of unsecured identifiable health information. Failure to provide such notice can result in civil penalties under the Rule. While the Rule was established more than a decade ago, in 2009, it has never been enforced by the FTC.

On September 1, 2021, the Federal Trade Commission banned Support King, LLC, the operator of SpyFone.com (“SpyFone”), and its CEO, Scott Zuckerman, from offering, promoting, selling or advertising any surveillance app, service or business. The FTC alleged SpyFone allowed purchasers to illegally surveil other individuals by surreptitiously monitoring a device user’s activity without the device user’s knowledge. The FTC also alleged that SpyFone failed to safeguard such illegally harvested personal information by failing to put in place basic security measures.

On September 2, 2021, Ireland’s Data Protection Commission (“DPC”) announced a fine of €225 million ($266 million) against WhatsApp Ireland Ltd (“WhatsApp”) for failure to meet the transparency requirements of Articles 12-14 of the EU General Data Protection Regulation (“GDPR”). This fine represents a more than four-fold increase in the €30-50 million fine that was proposed in a draft decision issued by the DPC in December 2020. Due to the cross-border nature of WhatsApp’s data processing activities, the DPC’s draft decision was reviewed by other relevant supervisory authorities, as required by the cooperation and consistency mechanism under Chapter VII of the GDPR. Eight other EU regulators objected to the DPC’s draft decision. Their objections were referred to the European Data Protection Board (“EDPB”), in accordance with the dispute resolution procedure under Article 65(1)(a) of the GDPR, after the DPC failed to reach a consensus with the objecting regulators.

On August 25, 2021, New Mexico Attorney General (“AG”) Hector Balderas sued Rovio Entertainment (“Rovio” or the “Company”), the developer of the popular Angry Birds mobile app games, alleging that the Company violated the federal Children’s Online Privacy Protection Act (“COPPA”) by knowingly collecting data from players under age 13 and sharing it with advertisers. Under COPPA, developers of child-directed apps are required to provide notice to parents of their data collection practices and obtain verifiable parental consent to collect personal information from children under 13.

On August 2, 2021, the Italian Data Protection Authority (Garante per la protezione dei dati personali, “Garante”) announced that it had levied a €2,500,000 fine on Deliveroo Italy s.r.l. for the unlawful processing of personal data of approximately 8,000 Deliveroo riders, and various infringements of the EU Genera Data Protection Regulation (the “GDPR”).

On July 22, 2021, the Dutch Data Protection Authority (“Dutch DPA”) announced that it had imposed a €750,000 fine on TikTok for violating the privacy of young children namely for the company’s alleged lack of transparency.

On July 1, 2021, the Federal Trade Commission settled a complaint brought under the Children’s Online Privacy Protection Act (“COPPA”) against Toronto-based Kuuhuub Inc. and its Finnish subsidiaries Kuu Hubb Oy and Recolor Oy, operators of the online coloring book app, Recolor. The FTC alleged that the app operators violated the COPPA Rule by collecting and disclosing personal information from child users of the app without first notifying their parents or obtaining verifiable parental consent.

On June 9, 2021, President Biden signed an Executive Order on Protecting Americans’ Sensitive Data from Foreign Adversaries (the “EO” or “Biden EO”). The Biden EO elaborates on measures to address the national emergency regarding the information technology supply chain declared in 2019 by the Trump administration in Executive Order 13873. Simultaneously, the Biden EO also revokes three Trump administration orders (Executive Orders 13942, 13943 and 13971) that sought to prohibit transactions with TikTok, WeChat, their parent companies and certain other “Chinese connected software applications.” In their place, the Biden EO provides for (1) cabinet-level assessments and future recommendations to protect against risks from foreign adversaries’ (a) access to U.S. persons’ sensitive data and (b) involvement in software application supply and development; and (2) the continuing evaluation of transactions involving connected software applications that threaten U.S. national security.

On June 3, 2021, Google informed app developers that beginning in late 2021, when Android 12 OS users opt out of personalized ads, the advertising ID provided by Google Play services (the Google Ad ID, or “GAID”) will not be made available to app developers for any purpose.

On May 6, 2021, Google announced that beginning in the second quarter of 2022, mobile app developers submitting new apps and app updates to the Google Play store will be required to disclose certain information regarding their apps’ data collection, use, sharing and security practices, as well as provide a privacy policy for their apps. This information will be displayed in a new “safety section” of Google Play.

On April 20, 2021, Apple announced that its AppTracking Transparency Framework (“ATT Framework”) will go into effect starting April 26, 2021, along with the upcoming public release of iOS 14.5, iPadOS 14.5 and tvOS 14.5.

On March 12, 2021, the Cyberspace Administration of China released Provisions on the “Scope of Necessary Personal Information Required for Common Types of Mobile Internet Applications” (the “Provisions”) (available here in Chinese).

On January 13, 2021, the FTC announced that fertility-app developer Flo Health, Inc. (“Flo”) agreed to a settlement over allegations that the company shared app users’ health information with third-party data analytics providers despite representations that Flo would keep such information private.

As reported on the Hunton Retail Law Resource blog, the Federal Trade Commission settled charges with mobile advertising company Tapjoy, Inc., on allegations that the company failed to provide promised rewards in exchange for completed activities such as the payment of money, disclosure of sometimes-sensitive personal information or registration for “free trial” marketing offers.

On January 11, 2021, the FTC announced that Everalbum, Inc. (“Everalbum”), developer of the “Ever” photo storage app, agreed to a settlement over allegations that the company deceived consumers about its use of facial recognition technology and its retention of the uploaded photos and videos of users who deactivated their accounts.

On December 1, 2020, the Cyberspace Administration of China released draft rules on the “Scope of Necessary Personal Information Required for Common Types of Mobile Internet Applications” (the “Draft Rules”) (in Chinese).

On November 12, 2020, Chief Judge Nancy J. Rosenstengel of the U.S. District Court for the Southern District of Illinois rejected Apple Inc.’s (“Apple’s”) motion to dismiss a class action alleging its facial recognition software violates Illinois’ Biometric Information Privacy Act (“BIPA”). Judge Rosenstengel agreed with Apple, however, that the federal court lacks subject matter jurisdiction over portions of the complaint.

On September 18, 2020, the U.S. Department of Commerce (“Commerce”) announced detailed sanctions relating to the mobile applications WeChat and TikTok. These prohibitions were issued in accordance with President Trump’s Executive Orders issued on August 6, 2020, imposing economic sanctions against the platforms under the International Emergency Economic Powers Act (50 U.S.C. § 1701 et seq.) and the National Emergencies Act (50 U.S.C. § 1601 et seq.). These orders, if they become fully effective, will (1) prohibit mobile app stores in the U.S. from permitting downloads or updates to the WeChat and TikTok mobile apps; (2) prohibit U.S. companies from providing Internet backbone services that enable the WeChat and TikTok mobile apps; and (3) prohibit U.S. companies from providing services through the WeChat mobile app for the purpose of transferring funds or processing payments to or from parties. The sanctions do not target individual or business use of the applications but are expected to degrade the ability of persons in the United States to use the apps for the purposes they were designed to serve.

Apple’s iOS 14, which was announced by Apple in June 2020 and is scheduled for official release later this year, will require that all apps receive affirmative (i.e., opt-in) user consent to (1) access an iPhone’s unique advertising identifier (Identifier for Advertisers, or “IDFA”) or (2) to "track" users.

On August 6, 2020, President Trump signed executive orders imposing new economic sanctions under the International Emergency Economic Powers Act (50 U.S.C. § 1701 et seq.) and the National Emergencies Act (50 U.S.C. § 1601 et seq.) against TikTok, a video-sharing mobile application, and WeChat, a messaging, social media and mobile payments application. The orders potentially affect tens of millions of U.S. users of these applications and billions of users worldwide.

On June 9, 2020, the French Data Protection Authority (the “CNIL”) published its Annual Activity Report for 2019 (the “Report”).

On April 16, 2020, the European eHealth Network—a voluntary network connecting national authorities responsible for eHealth designated by EU Member States—published a common EU toolbox for the use of contact tracing and warning apps in response to the coronavirus pandemic (the “Toolbox”). The Toolbox is part of the common EU coordinated approach to using COVID-19 mobile apps, as set out in the European Commission’s Recommendation of April 8, 2020. The Toolbox was accompanied by guidance from the European Commission on data protection and privacy aspects of the use of such apps (the “Guidance”).

On October 22, 2019, the Federal Trade Commission announced that, for the first time, it has brought a case against a developer of “Stalking” Apps. The agency alleges that Retina-X Studios, and its owner, James N. Johns, Jr., developed and marketed three apps that allowed purchasers to surreptitiously monitor the movements and online activities of users of devices on which the apps were installed without the knowledge or permission of the device’s user. The FTC also alleges that the app developer took steps to ensure that a device user would not be aware that the app had been installed, bypassing mobile device manufacturers’ security restrictions and leaving the device vulnerable to cybersecurity risks. The apps were marketed as tools for monitoring the behavior of employees and children. The FTC further alleges that the app developer issued policies that made inaccurate representations regarding the security of their online systems, which were recently found to have been hacked twice during earlier incidents.

On May 6, 2019, the Federal Trade Commission announced that Meet24, FastMeet and Meet4U—three dating apps owned by Ukrainian-based company Wildec LLC—were removed from the Apple App Store and Google Play Store following an FTC letter alleging that the apps potentially violated the Children’s Online Privacy Protection Act (“COPPA”) and the Federal Trade Commission Act (“FTC Act”). According to the letter and contrary to what was claimed in their privacy policies, the apps, which collect dates of birth, email addresses, photographs and real-time location date, failed to block users who indicated they were under the age of 13.

On February 27, 2019, the Federal Trade Commission announced a record $5.7 million civil penalty against popular video creation and sharing app Musical.ly (now known as TikTok) for violations of U.S. children’s privacy rules. According to the FTC’s complaint, Musical.ly is designed to appeal to young children (among others), and the company was aware that a significant percentage of Musical.ly users were children under the age of 13. The FTC also alleged that Musical.ly gained actual knowledge of underage use from parents who unsuccessfully sought to have their children’s ...

On August 30, 2018, Apple Inc. announced a June update to its App Store Review Guidelines that will require each developer to provide its privacy policy as part of the app review process, and to include in such policy specific content requirements. Effective October 3, 2018, all new apps and app updates must include a link to the developer’s privacy policy before they can be submitted for distribution to users through the App Store or through TestFlight external testing.

On July 19, 2018, the French Data Protection Authority (“CNIL”) announced that it served a formal notice to two advertising startups headquartered in France, FIDZUP and TEEMO. Both companies collect personal data from mobile phones via software development kit (“SDK”) tools integrated into the code of their partners’ mobile apps—even when the apps are not in use—and process the data to conduct marketing campaigns on mobile phones.

Recently, Iowa and Nebraska enacted information security laws applicable to personal information. Iowa’s law applies to operators of online services directed at and used by students in kindergarten through grade 12, whereas Nebraska’s law applies to all commercial entities doing business in Nebraska who own or license Nebraska residents’ personal information.

Recently, the Personal Data Collection and Protection Ordinance (“the Ordinance”) was introduced to the Chicago City Council. The Ordinance would require businesses to (1) obtain prior opt-in consent from Chicago residents to use, disclose or sell their personal information; (2) notify affected Chicago residents and the City of Chicago in the event of a data breach; (3) register with the City of Chicago if they qualify as “data brokers”; (4) provide specific notification to mobile device users for location services; and (5) obtain prior express consent to use geolocation data from mobile applications.

On May 31, 2018, the Federal Trade Commission published on its Business Blog a post addressing the easily missed data deletion requirement under the Children’s Online Privacy Protection Act (“COPPA”).

On May 24, 2018, the Federal Trade Commission granted final approval to a settlement (the “Final Settlement”) with PayPal, Inc., to resolve charges that PayPal’s peer-to-peer payment service, Venmo, misled consumers regarding certain restrictions on the use of its service, as well as the privacy of transactions. The proposed settlement was announced on February 27, 2018. In its complaint, the FTC alleged that Venmo misrepresented its information security practices by stating that it “uses bank-grade security systems and data encryption to protect your financial information.” Instead, the FTC alleged that Venmo violated the Gramm-Leach-Bliley Act’s (“GLBA’s”) Safeguards Rule by failing to (1) have a written information security program; (2) assess the risks to the security, confidentiality and integrity of customer information; and (3) implement basic safeguards such as providing security notifications to users that their passwords were changed. The complaint also alleged that Venmo (1) misled consumers about their ability to transfer funds to external bank accounts, and (2) misrepresented the extent to which consumers could control the privacy of their transactions, in violation of the GLBA Privacy Rule.

On February 27, 2018, the Federal Trade Commission (“FTC”) announced an agreement with PayPal, Inc., to settle charges that its Venmo peer-to-peer payment service misled consumers regarding privacy and the extent to which consumers’ financial accounts were secured. This is the second significant FTC settlement in the past three months that addressed these issues, following the FTC’s action against TaxSlayer, Inc. and signals a renewed focus by the FTC on violations of the Gramm-Leach-Bliley Act’s (“GLBA’s”) Privacy and Safeguards Rules.

On February 22, 2018, the Federal Trade Commission (“FTC”) published a blog post that provides tips on how consumers can use Virtual Private Network (“VPN”) apps to protect their information while in transit over public networks. The FTC notes that some consumers are finding VPN apps helpful in protecting their mobile device traffic over Wi-Fi networks at coffee shops, airports and other locations. Through a VPN app, a user can browse websites and use apps on their mobile devices, still shielding the traffic from prying eyes as it transmits via public networks.

Recently, the Office of the Privacy Commissioner of Canada (“OPC”) issued its 2017 Global Privacy Enforcement Network Sweep results (the “Report”), which focused on certain privacy practices of online educational tools and services targeted at classrooms. The OPC examined the privacy practices of two dozen educational websites and apps used by K-12 students. The “sweep” sought to replicate the consumer experience by interacting with the websites and apps, and recording the privacy practices and controls in place. The overarching theme of the Report is “user controls over personal information,” which the OPC further refined into four subthemes: (1) transparency, (2) consent, (3) age-appropriate collection and disclosure, and (4) deletion of personal information.

On December 20, 2016, the FTC announced that it has agreed to settle charges that Turn Inc. (“Turn”), a company that enables commercial brands and ad agencies to target digital advertising to consumers, tracked consumers online even after consumers took steps to opt out of tracking.

On October 14, 2016, California Attorney General Kamala D. Harris announced the release of a publicly available online form that will enable consumers to report potential violations of the California Online Privacy Protection Act (“CalOPPA”). CalOPPA requires website and mobile app operators to post a privacy policy that contains certain specific content.

On October 3, 2016, the Texas Attorney General announced a $30,000 settlement with mobile app developer Juxta Labs, Inc. (“Juxta”) stemming from allegations that the company violated Texas consumer protection law by engaging in false, deceptive or misleading acts or practices regarding the collection of personal information from children.

On June 28, 2016, the State Internet Information Office of the People’s Republic of China published the Administrative Provisions on Information Services for Mobile Internet Applications (the “App Administrative Provisions”). This is the first regulation that expressly regulates mobile apps in the People’s Republic of China. Before the App Administrative Provisions were published, the P.R.C. Ministry of Industry and Information Technology had published a draft of the Interim Provisions on the Preinstallation and Management of the Distribution of Mobile Intelligent Terminal Applications (“Interim Provisions”). The comment period for the Interim Provisions draft expired six months ago and i’s still uncertain when it will become effective. According to unofficial statistics, domestic app stores have more than 4 million apps in inventory presently, and the number is growing. Those apps will now become highly regulated products under the App Administrative Provisions.

On June 22, 2016, the Federal Trade Commission announced a settlement with Singaporean-based mobile advertising network, InMobi, resolving charges that the company deceptively tracked hundreds of millions of consumers’ locations, including children, without their knowledge or consent. Among other requirements, the settlement orders the company to pay $950,000 in civil penalties. 

On May 9, 2016, the Federal Trade Commission announced it had issued Orders to File a Special Report (“Orders”) to eight mobile device manufacturers requiring them to, for purposes of the FTC’s ongoing study of the mobile ecosystem, provide the FTC with “information about how [the companies] issue security updates to address vulnerabilities in smartphones, tablets, and other mobile devices.” The FTC’s authority to issue such Orders comes from Section 6(b) of the FTC Act.

The Federal Trade Commission recently released an interactive tool for mobile health apps. The tool was developed in conjunction with several other federal agencies, including the Department of Health and Human Services’ Office for Civil Rights, the Office of the National Coordinator for Health Information Technology, and the Food and Drug Administration.

Recently, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) published two guidance documents related to HIPAA compliance. To help mobile app developers understand HIPAA compliance obligations, OCR published guidance on the use of mobile health apps (the “Health App Guidance”). OCR also released a crosswalk (the “Crosswalk”) that maps the National Institute of Standards and Technology (“NIST”) Framework for Improving Critical Infrastructure Cybersecurity Framework (the “NIST Cybersecurity Framework”) to the HIPAA Security Rule.

On December 17, 2015, the FTC announced a pair of COPPA settlements against operators of child-directed mobile apps available for download in the major app stores. These cases are the FTC’s first COPPA actions involving the collection of persistent identifiers, and no other personal information, from children since the FTC’s updated COPPA Rule went into effect in 2013. The FTC levied civil penalties, totaling $360,000, in both cases.

On September 2, 2015, the French Data Protection Authority (“CNIL”) published the results of an Internet sweep of 54 websites visited by children and teenagers. The sweep was conducted in May 2015 to assess whether websites that are directed toward, frequently used by or popular among children comply with French data protection law. As we previously reported, the sweep was coordinated by the Global Privacy Enforcement Network (“GPEN”), a global network of approximately 50 data protection authorities (“DPAs”). The CNIL and 28 other DPAs that are members of the GPEN participated in the coordinated online audit. A total of 1,494 websites and apps were audited around the world.

On August 7, 2015, Delaware Governor Jack Markell signed four bills into law concerning online privacy. The bills, drafted by the Delaware Attorney General, focus on protecting the privacy of website and mobile app users, children, students and crime victims.

On July 27, 2015, Giovanni Buttarelli, the European Data Protection Supervisor (“EDPS”), published Opinion 3/2015 on the reform of Europe’s data protection laws, intended to “assist the participants in the trilogue in reaching the right consensus on time.” The Opinion sets out the EDPS’ vision for the regulation of data protection, re-stating the case for a framework that strengthens the rights of individuals and noting that “the time is now to safeguard individuals’ fundamental rights and freedoms in the data-driven society of the future.”

On May 25, 2015, the French Data Protection Authority (“CNIL”) released its long-awaited annual inspection program for 2015. Under French data protection law, the CNIL may conduct four types of inspections: (1) on-site inspections (i.e., the CNIL may visit a company’s facilities and access anything that stores personal data); (2) document reviews (i.e., the CNIL may require an entity to send documents or files upon written request); (3) hearings (i.e., the CNIL may summon representatives of organizations to appear for questioning and provide other necessary information); and (4) since March 2014, online inspections.

On May 7, 2015, the Digital Advertising Alliance (“DAA”) announced that, as of September 1, 2015, the Council of Better Business Bureaus and the Direct Marketing Association will begin to enforce the DAA Self-Regulatory Principles for Online Behavioral Advertising and the Multi-Site Data Principles (collectively, the “Self-Regulatory Principles”) in the mobile environment.

On May 11, 2015, the French Data Protection Authority (“CNIL”) and the UK Information Commissioner’s Office (”ICO”) announced that they will participate in a coordinated online audit to assess whether websites and apps that are directed toward children, and those that are frequently used by or popular among children, comply with global privacy laws. The audit will be coordinated by the Global Privacy Enforcement Network (“GPEN”), a global network of approximately 50 data protection authorities (“DPAs”) from around the world.

On April 1, 2015, the Global Privacy Enforcement Network (“GPEN”) released its 2014 annual report (the “Report”). This Report marks the first time that GPEN has issued an annual report highlighting the network’s accomplishments throughout the year. GPEN is a network of approximately 50 privacy enforcement authorities from around the world, including the Federal Trade Commission and the Federal Communications Commission.

Hunton & Williams is pleased to announce the release of its newly designed and mobile-responsive Privacy and Information Security Law Blog, www.huntonprivacyblog.com.

“Our award-winning blog has served the entire privacy community — from companies and practitioners to international regulators,” said Lisa Sotto, who heads the firm’s global privacy and cybersecurity practice. “This new version of Hunton & Williams’ privacy blog offers our audience greater access to information in real time and more interactive features, which are critical in this fast-changing arena.”

On November 16, 2015, the Federal Trade Commission will host a workshop in Washington, D.C., to examine the benefits and privacy risks associated with “cross-device tracking.” The workshop intends to highlight the types of cross-device tracking techniques and how businesses and consumers can benefit from these practices. The workshop also will address related privacy and security risks, and discuss whether self-regulatory programs apply to these practices.

On March 4, 2015, the U.S. Department of Commerce’s National Telecommunications and Information Administration (“NTIA”) announced a new multistakeholder process seeking comments on best practices concerning privacy, transparency and accountability issues related to the use of commercial and private unmanned aircraft systems (“UAS”), otherwise known as drones. The NTIA’s request was made in response to a Presidential Memorandum issued by the White House on February 15 which directed NTIA to facilitate discussion between private sector entities to develop standards for commercial UAS use.

On February 26, 2015, the Department of Education’s Privacy Technical Assistance Center (“PTAC”) issued guidance to assist schools, school districts and vendors with understanding the primary laws regulating student privacy and how compliance with those laws may be affected by Terms of Service (“TOS”) offered by providers of online educational services and mobile applications. The guidance also is intended to aid school districts and schools in implementing separate guidance issued by the PTAC in February 2014. The guidance was accompanied by a short training video directed to teachers, administrators and other relevant staff.

On February 5, 2015, the Article 29 Working Party (the “Working Party”) published a letter that responds to a request of the European Commission to clarify the scope of the definition of health data in connection with lifestyle and wellbeing apps. In the annex to this letter, the Working Party identifies criteria to determine when personal data qualifies as “health data,” a special category of data receiving enhanced protection under the EU Data Protection Directive 95/46/EC (the “Directive”). The Working Party further discusses the current legal regime for the processing of such health data and provides its view on the requirements for further processing of health data for historical, statistical and scientific research under the Directive. The letter also includes the Working Party’s recommendations for the regime that should be provided in the proposed EU General Data Protection Regulation (the “Proposed Regulation”).

On January 12, 2015, President Obama announced at the Federal Trade Commission several new initiatives on data security and consumer privacy as part of a weeklong focus on privacy and cybersecurity. He noted that on January 13 at the Department of Homeland Security, he would address how to improve protections against cyber attacks, and on January 14, he would address how more Americans can have access to faster and cheaper broadband Internet. He stated that the announcements he is making this week are “sneak previews” of the proposals he will make in next week’s State of the Union address.

On December 22, 2014, the Federal Trade Commission announced that it notified China-based BabyBus (Fujian) Network Technology Co., Ltd., (“BabyBus”) that several of the company’s mobile applications (“apps”) appear to be in violation of the Children’s Online Privacy Protection Rule (the “COPPA Rule”). In a letter dated December 17, 2014, the FTC warned BabyBus of potential COPPA violations stemming from allegations that the company has failed to obtain verifiable parental consent prior to its apps collecting and disclosing the precise geolocation information of users under the age of 13.

On December 9, 2014, a coalition of 23 global privacy authorities sent a letter to the operators of mobile application (“app”) marketplaces urging them to require privacy policies for all apps that collect personal information. Although the letter was addressed to seven specific app marketplaces, the letter notes that it is intended to apply to all companies that operate app marketplaces.

On November 1, 2014, the Global Privacy Enforcement Network (“GPEN”) posted a media release on their workshop held on October 12, 2014, in Mauritius on the use of publicity as a regulatory compliance technique. The workshop, attended by 44 commissioners and staff from around the world, focused on different issues concerning privacy enforcement, including the effectiveness of monetary penalties in enforcing data protection laws and the diverse approaches to enforcement publicity. In addition, there was a public demonstration of the recently expanded World Legal Information Institute’s International Privacy Law Library, which is said to be the largest freely accessible and searchable database of privacy law materials in the world.

On October 8, 2014, the United States District Court for the Northern District of Georgia granted Cartoon Network, Inc.’s (“Cartoon Network’s”) motion to dismiss a putative class action alleging that Cartoon Network’s mobile app impermissibly disclosed users’ personally identifiable information (“PII”) to a third party data analytics company under the Video Privacy Protection Act (“VPPA”).

On September 17, 2014, the Federal Trade Commission announced that the online review site Yelp, Inc., and mobile app developer TinyCo, Inc., have agreed to settle separate charges that they collected personal information from children without parental consent, in violation of the Children’s Online Privacy Protection Rule (the “COPPA Rule”).

On September 10, 2014, the Global Privacy Enforcement Network (“GPEN”) published the results of an enforcement sweep carried out in May of this year to assess mobile app compliance with data protection laws. Twenty-six data protection authorities worldwide evaluated 1,211 mobile apps and found that a large majority of the apps are accessing personal data without providing adequate information to users.

On September 4, 2014, the Federal Trade Commission announced a proposed settlement with Google Inc. (“Google”) stemming from allegations that the company unfairly billed consumers for mobile app charges incurred by children. The FTC’s complaint alleges that since 2011, Google violated the FTC Act’s prohibition on unfair commercial practices by billing consumers for in-app charges made by children without the authorization of the account holder.

On August 1, 2014, the Federal Trade Commission released a new staff report examining the consumer protection implications of popular mobile device applications that provide shopping and in-store purchase services. The report, What’s the Deal? An FTC Study on Mobile Shopping Apps, details the findings from a recent FTC staff survey that studied consumer rights and data protection issues associated with some of the most popular mobile shopping apps on the market.

On July 10, 2014, the Federal Trade Commission announced that it filed a complaint against Amazon.com, Inc. (“Amazon”) for failing to obtain the consent of parents or other account holders prior to billing them for in-app charges incurred by children. According to the complaint, Amazon, which offers children’s apps through its Appstore, bills Amazon account holders in real money for virtual items that children obtain within an app (i.e., “in-app” charges).

On June 18, 2014, the German state data protection authorities responsible for the private sector (the Düsseldorfer Kreis) issued guidelines concerning the data protection requirements for app developers and app publishers (the “Guidelines”). The Guidelines were prepared by the Bavarian state data protection authority and cover requirements in Germany’s Telemedia Act as well as the Federal Data Protection Act. Topics addressed in the 33-page document include:

On May 13, 2014, the French data protection authority (“CNIL”) decided to examine 100 mobile apps most commonly used in France.

On May 8, 2014, the Federal Trade Commission announced a proposed settlement with Snapchat, Inc. (“Snapchat”) stemming from allegations that the company’s privacy policy misrepresented its privacy and security practices, including how the Snapchat mobile app worked. Snapchat’s app supposedly allowed users to send and receive photo and video messages known as “snaps” that would “disappear forever” after a certain time period. The FTC alleged that, in fact, it was possible for recipients to save snaps indefinitely, regardless of the sender-designated expiration time.

On May 6, 2014, the Office of the Privacy Commissioner of Canada announced the Global Privacy Enforcement Network’s (“GPEN’s”) second annual enforcement sweep. The sweep will focus on mobile app privacy and how mobile apps collect and use personal data.

On March 28, 2014, the Federal Trade Commission announced proposed settlements with Fandango and Credit Karma stemming from allegations that the companies misrepresented the security of their mobile apps and failed to secure consumers’ sensitive personal information transmitted using their mobile apps.

On January 15, 2014, the Federal Trade Commission announced a proposed settlement with Apple Inc. stemming from allegations that the company billed consumers for mobile app charges incurred by children without their parents’ consent. Specifically, the FTC’s complaint alleges that Apple violated the FTC Act by not informing account holders that, for a 15-minute window after entering their password to approve a single in-app purchase, their children could make unlimited purchases without further action by the parent.

In December 2013, the UK Information Commissioner’s Office (“ICO”) issued non-binding guidance aimed at app developers (the “Guidance”). The Guidance applies to all types of mobile devices, including smart TVs and video game consoles.

On December 2, 2013, the Federal Trade Commission announced that it will host a series of seminars to examine the privacy implications of three new areas of technology used to track, market to and analyze consumers: mobile device tracking, predictive scoring and consumer-generated health data. The seminars will address (1) businesses tracking consumers using signals from the consumers’ mobile devices, (2) the use of predictive scoring to determine consumers’ access to products and offers, and (3) consumer-generated information provided to non-HIPAA covered websites and apps. The FTC stated that the intention of the seminars is to bring attention to new trends in big data and their impact on consumer privacy.

On November 22, 2013, New Jersey’s Acting Attorney General announced that the State had entered into a settlement agreement with Dokogeo, Inc. (“Dokogeo”), a California-based company that makes mobile device applications, regarding allegations that one of the company’s mobile apps violated the Children’s Online Privacy Protection Act of 1998 (“COPPA”), the recently amended Children’s Online Privacy Protection Rule (the “Rule”) and the New Jersey Consumer Fraud Act.

On November 4, 2013, the data protection authority (“DPA”) of the German state of Rhineland-Palatinate announced two sets of recommendations for mobile payment systems, including contactless payments. The recommendations were prepared in conjunction with the state consumer protection agency, the Ministry of Justice for Rhineland-Palatinate, the mobile payment industry and research organizations.

On October 4, 2013, The Centre for Information Policy Leadership’s Senior Policy Advisor Fred Cate reported on the 35th International Conference of Data Protection and Privacy Commissioners which concluded on September 24 in Warsaw, Poland. The report indicates that four main issues dominated the Conference: (1) challenges presented by technologies such as mobile apps and online profiling, (2) multinational interoperability and enforcement, (3) pending EU data protection regulation and alternatives, and (4) repercussions of NSA surveillance activities.

On September 23, 2013, California Governor Jerry Brown signed a bill that adds “Privacy Rights for California Minors in the Digital World” to the California Online Privacy Protection Act (“CalOPPA”). The new CalOPPA provisions prohibit online marketing or advertising certain products to anyone under age 18, and require website operators to honor requests made by minors who are registered users to remove content the minor posted on the site. In addition, operators must provide notice and instructions to minors explaining their rights regarding the removal of content they’ve posted.

On July 26, 2013, the Federal Trade Commission announced updates to its frequently asked questions regarding the Children’s Online Privacy Protection Act of 1998 (“COPPA”). The updated FAQs, which have replaced the June 2013 version on the FTC’s Business Center website, provide additional information in the sections addressing websites and online services directed to children and disclosure of information to third parties.

On July 25, 2013, the U.S. Department of Commerce’s National Telecommunications and Information Administration announced the release of the Short Form Notice Code of Conduct to Promote Transparency in Mobile App Practices, which was developed through the Privacy Multistakeholder Process: Mobile Application Transparency convened by the Department of Commerce. The voluntary Code of Conduct provides guidance regarding short-form notices about the collection and sharing of consumer information with third parties. Short-form notices that comply with the Code of Conduct generally must contain the following content:

On July 12, 2013, Illinois Attorney General Lisa Madigan announced that she sent letters to operators of eight popular health-related websites requesting information about the websites’ online data collection practices. The Attorney General’s press release underscored how individuals’ health-related information shared online, which would be protected if disclosed in a traditional medical setting, “can be captured, shared and sold when online users enter their information into a website.” The Attorney General also stated that “website disclosure about the extent to which information is captured or shared is buried in privacy policies not found on the websites’ main pages.”

Today, July 1, 2013, the Federal Trade Commission’s changes to the Children’s Online Privacy Protection Rule (the “Rule”) officially come into effect. On December 19, 2012, the FTC announced that it had published the amended Rule following two years of public comments and multiple reviews of various proposed changes.