Privacy & Information Security Law Blog

On May 22, 2023, the Federal Trade Commission announced a proposed order against education technology provider Edmodo, LLC (“Edmodo”) for violations of the Children’s Online Privacy Protection Rule (“COPPA Rule”) and Section 5 of the FTC Act.

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 May 24, 2023, the UK Information Commissioner’s Office (“ICO”) announced it published new guidance for businesses and employers on responding to subject access requests (“SARs”). The right of access, commonly referred to as a subject access request, gives someone the right to request a copy of their personal information from organizations. The ICO received over 15,000 complaints related to SARs during April 2022 and March 2023.

On May 23, 2023, the UK Information Commissioner, John Edwards, delivered the opening remarks at the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (“LIBE”). The Commissioner opened his speech by stating his “principal reason” for being present was to provide “reassurance” that he takes his “responsibility of protecting Europeans data in the United Kingdom very seriously” and “will continue to do so through the process of law reform, and beyond.” The Commissioner went on to discuss several points, including the following:

On May 17, 2023, the Federal Trade Commission issued a consumer alert regarding the Premom Ovulation Tracker app (“Premom”) sharing sensitive information with third parties without users’ permission. According to the alert, Premom is a free app that is marketed as an accurate fertility calendar, which can be used to assist users who are trying to become pregnant.

On May 22, 2023, the Irish Data Protection Commission (the “DPC”) announced a €1.2 billion fine against Meta Ireland for unlawfully transferring personal data to the U.S.

On May 3, 2023, New York Governor Kathy Hochul signed into law fiscal bill A.3007C/S.4007, which contains provisions prohibiting the establishment of a geofence around health care facilities.

On May 18, 2023, the Federal Trade Commission issued a policy statement on “Biometric Information and Section 5 of the Federal Trade Commission Act.”  The statement warns that the use of consumer biometric information and related technologies raises “significant concerns” regarding privacy, data security, and bias and discrimination, and makes clear the FTC’s commitment to combatting unfair or deceptive acts and practices related to the collection and use of consumers’ biometric information and the marketing and use of biometric information technologies.

On May 17, 2023, the European Data Protection Board (EDPB) adopted the final version of its Guidelines on facial recognition technologies in the area of law enforcement (the “Guidelines”). The Guidelines address lawmakers at the EU and EU Member State level, and law enforcement authorities and their officers implementing and using facial recognition technology. 

On May 4, 2023, the Florida Senate and House of Representatives voted in favor of sending the Florida Digital Bill of Rights (“FDBR”) and other amendments related to government moderation of social media and protection of children in online spaces (S.B. 262) to Governor Ron DeSantis for signature. Unlike the other comprehensive state privacy laws that have been enacted, the FDBR applies to a much narrower subset of entities.