The FTC recently announced proposed consent orders with Outlogic (formerly X-Mode Social) and InMarket Media concerning their collection and monetization of precise geolocation data. Both companies collect location data using software development kits (“SDKs”) installed in first and third party apps, among other data sources. According to the FTC’s complaints, Outlogic sold this data to third parties (including in a manner that revealed consumer’s visits to sensitive locations) without obtaining adequate consent, and InMarket used this data to facilitate targeted advertising without notifying consumers that their location data will be used for targeted advertising. In both cases, the FTC alleged that these acts and practices constituted unfair and/or deceptive acts or practices under Section 5 of the FTC Act. Continue Reading FTC Announces Proposed Consent Orders Related to Location Data
Lindsey Tonsager
Lindsey Tonsager co-chairs the firm’s global Data Privacy and Cybersecurity practice. She advises clients in their strategic and proactive engagement with the Federal Trade Commission, the U.S. Congress, the California Privacy Protection Agency, and state attorneys general on proposed changes to data protection laws, and regularly represents clients in responding to investigations and enforcement actions involving their privacy and information security practices.
Lindsey’s practice focuses on helping clients launch new products and services that implicate the laws governing the use of artificial intelligence, data processing for connected devices, biometrics, online advertising, endorsements and testimonials in advertising and social media, the collection of personal information from children and students online, e-mail marketing, disclosures of video viewing information, and new technologies.
Lindsey also assesses privacy and data security risks in complex corporate transactions where personal data is a critical asset or data processing risks are otherwise material. In light of a dynamic regulatory environment where new state, federal, and international data protection laws are always on the horizon and enforcement priorities are shifting, she focuses on designing risk-based, global privacy programs for clients that can keep pace with evolving legal requirements and efficiently leverage the clients’ existing privacy policies and practices. She conducts data protection assessments to benchmark against legal requirements and industry trends and proposes practical risk mitigation measures.
New Jersey and New Hampshire Pass Comprehensive Privacy Legislation
New Jersey and New Hampshire are the latest states to pass comprehensive privacy legislation, joining California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana, Tennessee, Montana, Oregon, Texas, Florida, and Delaware. Below is a summary of key takeaways. Continue Reading New Jersey and New Hampshire Pass Comprehensive Privacy Legislation
FTC on Models-as-a-Service
On January 9, the FTC published a blog post discussing privacy and confidentiality obligations for companies that provide artificial intelligence (“AI”) services. The FTC described “model-as-a-service” companies as those that develop, host, and provide pre-trained AI models to users and businesses through end-user interfaces or application programming interfaces (“APIs”). According…
Continue Reading FTC on Models-as-a-ServiceCPPA Releases Draft Risk Assessment Regulations
Ahead of its December 8 board meeting, the California Privacy Protection Agency (CPPA) has issued draft risk assessment regulations. The CPPA has yet to initiate the formal rulemaking process and has stated that it expects to begin formal rulemaking next year, at which time it will also consider draft regulations covering “automated decisionmaking technology” (ADMT), cybersecurity audits, and revisions to existing regulations. Accordingly, the draft risk assessment regulations are subject to change. Below are the key takeaways:Continue Reading CPPA Releases Draft Risk Assessment Regulations
CPPA Releases Draft Automated Decisionmaking Technology Regulations
Ahead of its December 8 board meeting, the California Privacy Protection Agency (CPPA) has issued draft “automated decisionmaking technology” (ADMT) regulations. The CPPA has yet to initiate the formal rulemaking process and has stated that it expects to begin formal rulemaking next year. Accordingly, the draft ADMT regulations are subject to change. Below are the key takeaways:Continue Reading CPPA Releases Draft Automated Decisionmaking Technology Regulations
FTC Publishes Blog Post Summarizing Consumer Concerns with AI Systems
On October 3, the Federal Trade Commission (“FTC”) released a blog post titled Consumers Are Voicing Concerns About AI, which discusses consumer concerns that the FTC received via its Consumer Sentinel Network concerning artificial intelligence (“AI”) and priority areas the agency is watching. Although the FTC’s blog post acknowledged…
Continue Reading FTC Publishes Blog Post Summarizing Consumer Concerns with AI SystemsCPPA Releases Draft Rules on Cybersecurity Audits and Risk Assessments
Ahead of its September 8 board meeting, the California Privacy Protection Agency (CPPA) has issued draft regulations on cybersecurity audits and risk assessments. Public comments will be requested once the formal rulemaking process is kicked off. Accordingly, the draft regulations are subject to change. Below are the key takeaways:…
Continue Reading CPPA Releases Draft Rules on Cybersecurity Audits and Risk AssessmentsRecent Decision Dismissing VPPA Class Action Claim Shows Limits of VPPA’s Reach
In the past year, plaintiffs have filed a wave of lawsuits asserting claims under the Video Privacy Protection Act (“VPPA”) in connection with the alleged use of third-party pixels on websites that offer video content. A recent decision establishes the limits of the VPPA’s reach and provides a well-reasoned ground…
Continue Reading Recent Decision Dismissing VPPA Class Action Claim Shows Limits of VPPA’s ReachCalifornia Court Delays Enforcement of CPPA Regulations
On June 30, 2023, a Superior Court of California (County of Sacramento, case number 34-2023-80004106-CU-WM-GDS) held that enforcement of the California Privacy Protection Agency’s (“CPPA”) regulations cannot commence until one year after the finalized date of the regulations. However, the court declined to delay the CPPA’s ability to enforce violations…
Continue Reading California Court Delays Enforcement of CPPA RegulationsDelaware General Assembly Passes Personal Data Privacy Act
On June 30, 2023, the Delaware general assembly passed the Delaware Personal Data Privacy Act (“DPDPA”), H.B. 154. This bill resembles the comprehensive privacy statutes in Connecticut, Montana, and the recently passed bill in Oregon, though there are some notable distinctions. If signed into law, Delaware will be…
Continue Reading Delaware General Assembly Passes Personal Data Privacy Act