Google Play’s “data safety form” is now live. Developers can now submit the form for early review and feedback. Starting in April 2022, Google will require this label and a privacy policy for all new and existing apps. This is similar to Apple. Before, only apps that collected personal and sensitive user data needed to share a privacy policy in Google’s store.

Continue Reading Google’s Privacy “Data Safety” Form Is Now Available

Apple has issued new guidelines for apps that let people create accounts. The guidelines will require these apps to give people a way to delete their accounts. This requirement is broader than CCPA and GDPR deletion rights, as it applies to all users (not just those from specific territories). The requirements go into effect for submissions starting January 31, 2022.

Continue Reading Apple To Require Ability to Delete Accounts In-App

Policymakers, regulators, and litigants are starting to bring privacy into antitrust matters. This is a move beyond the traditional focus on price restraints. Privacy are playing both offensive and defensive purposes, as we wrote recently.*

Continue Reading Privacy Playing Increased Role in Antitrust Enforcement

New York City recently amended its law governing third party delivery services, with the changes going into effect December 27, 2021. The revised law specifically permits restaurants to ask for customers’ personal information from the delivery service. The delivery service, in turn, must tell consumers about the potential sharing “in a conspicuous manner” on its website and give people the ability to opt-out of such sharing.  That notice needs to indicate that the person’s information will be shared with the restaurant, and needs to identify the restaurant.

Continue Reading Impact of NYC’s New Delivery Service Data Sharing Requirement

The California attorney general has created a tool for consumers to report situations where companies sell information but do not have an opt-out of sale link on their website. The release of the tool came at the same time as the AG’s update on its CCPA enforcement actions. In that update, the AG highlighted one of the most common problems it had found: not having appropriate disclosures around “sales.”

Continue Reading AG Implements Tool to Allow Consumer Reporting of Alleged DNS Violations

Colorado recently joined Virginia and California in passing a more comprehensive privacy law. The Colorado Privacy Act (CPA) will go into effect July 1, 2023. This is six months after Virginia’s law (CDPA) and California’s Privacy Rights Act (CPRA), which amends the existing CCPA, go into effect. The law does not have a private right of action, and the AG is to adopt regulations on certain aspects by July 1, 2023.

Continue Reading And Then There Were Three: Colorado Passes Privacy Law, Effective July 2023

MoviePass, a movie subscription service, has agreed to a proposed settlement with the FTC over alleged deception and lack of security allegations. The now-defunct company not only allegedly marketed its service as a “one movie per day” service – yet took steps to actively deny subscribers such access – it also failed, according to the FTC, to secure subscriber’s personal data. The company also was alleged to have violated the Restore Online Shoppers’ Confident Act, which impacts the offering of “negative option” (subscription) services.
Continue Reading FTC Settles Security Claims With Both MoviePass and Its Owners

New York City recently enacted a biometric ordinance that is set to come into effect July 9, 2021. With this ordinance, NYC joins other cities (like Portland) in regulating the use of biometric information. The ordinance may impact retailers, restaurants, and entertainment venues in the city that use security cameras with facial-recognition technology or otherwise collect biometric identifiers from their customers.
Continue Reading New York City Biometric Ordinance Effective July 9, Are You Ready?

Nevada’s governor recently approved an amendment to their privacy law. As we covered previously, generally, this law affords consumers a right to opt out of the “sale” of their data to third parties.  The amendment broadens (1) the scope of the law to also apply to “data brokers” and (2) consumers right to opt-out of sale. The changes are expected to go into effect October 1, 2021.
Continue Reading Nevada Broadens its Privacy Law

The Supreme Court recently dealt a potential blow to the FTC’s enforcement tool chest.  In particular, the decision impacts its ability to seek monetary relief under a theory it has used in a wide variety of cases, included privacy and security ones, that monetary relief constitutes a “permanent injunction” on consumers’ behalf. In AMG Capital Management, LLC v. Federal Trade Commission, the Supreme Court held that while the FTC should be able to obtain injunctive relief to stop unfair practices, that power does not extend to seeking monetary relief for injured consumers.
Continue Reading Supreme Court Decision Impacts How FTC May Pursue Privacy Cases

Google recently announced that beginning next year it will require Android mobile apps to provide privacy disclosures. These disclosures will live in a new “safety section” in Google Play. The requirements include disclosing:

  • What information the app collects and how information is used;
  • How the app protects information and if it uses encryption;
  • If information is shared and if users have a choice about sharing;
  • If users can request data deletion; and
  • If the disclosures made in the safety section have been verified by an independent third party.


Continue Reading Time to Update Your Privacy Disclosure Creation Checklists? Google Will Add to Mobile Privacy Disclosure Requirements