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Security, Privacy and the Law

Security and privacy issues encountered by businesses often require immediate and discreet solutions. We cover topics that arise from guiding our clients through the process of complying with the ever-growing number of state, federal and international laws governing information security, identity theft, surveillance and other privacy issues.

Security, Privacy and the Law
The Supreme Court Enters the Discussion about Meta Pixel and Google Analytics:  How to Define What Is a “Consumer” Under the Video Privacy Protection Act?
Blog February 17, 2026
In January 2026, the U.S. Supreme Court granted certiorari in Salazar v. Paramount Glob., 133 F.4th 642 (6th Cir. 2025), to resolve a split among courts as to who qualifies as a “consumer” under the Video Privacy Protection Act…
Privacy and Security of Genetic Information: The FTC Is Putting Privacy and Security Promises of DNA Companies to the Test
Blog June 20, 2023
In the FTC's first case focused on the privacy and security of genetic information, the FTC alleges that San Francisco-based Vitagene, Inc. – now known as 1Health.io – failed to live up to its promises and unfairly changed material privacy terms without customers' consent. After consumers paid between $29 and $259, sent a saliva sample to Vitagene, and answered an online questionnaire about their health history…
If Your Password Is On This List, Its Time to Change It
Blog June 16, 2023
Its been several years since I have written about password hygeine. I have been hoping that a better security solution would be widely adopted and while I hear rumors in that regard, passwords still reign supreme.  So when I saw that the SafetyDetectives website had listed the 30 most common passwords, it seemed like a good time to revisit the topic.  Their study found that 123456 and password…
The FTC Outlines What It Sees as The HIdden Impacts of Pixel Tracking
Blog March 16, 2023
In a very comprehensive post from the Federal Trade Commissions Office of Technology, the FTC takes what it calls [a] deep dive into the technical side of FTC's recent cases on digital health platforms, GoodRx BetterHelp. As most readers know, the FTC recently took enforcement action against GoodRx and BetterHelp, two digital healthcare platforms, for allegedly sharing user health data with third parties for advertising…
Thirty-Three State Attorneys General Show Support for FTC's Proposed Crackdown on “Commercial Surveillance”
Blog December 26, 2022
On August 22, 2022, the Federal Trade Commission (“FTC”) indicated through the Advanced Notice of Proposed Rulemaking its intent to limit commercial surveillance – the common corporate practice of collecting, analyzing, and monetizing consumers' data. As slews of data breaches resulted in millions of dollars in settlement and countless consumers whose data had been jeopardized, 33 states, including Massachusetts, New York, and Texas, showed support for the FTC's proposed rule through a……
HHS Office for Civil Rights Issues Bulletin on Requirements under HIPAA for Online Tracking Technologies to Protect the Privacy and Security of Health Information
Blog December 03, 2022
On December 1, 2022, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services issued a bulletin to highlight the obligations of Health Insurance Portability and Accountability Act of 1996 (HIPAA) on covered entities and business associates under the HIPAA Privacy, Security, and Breach Notification Rules (“HIPAA Rules”) when using online tracking technologies.  These online tracking technologies, like Google Analytics or Meta Pixel…
Is the Video Privacy Protection Act a New Litigation Weapon for Consumers?
Blog November 17, 2022
On September 19, 2022, a Massachusetts federal District Court denied Boston Globe Media Partners LLC's motion to dismiss a consumer class action suit against it. This case is one of 47 proposed class actions filed since February 2022 against various companies, each based on a company's use of Meta's Pixel tracking tool. Boston Globe Media Partners is a “multimedia organization that provides news, entertainment, and commentary across multiple brands and platforms”…
Key Considerations for Health App Developers from the FTC
Blog April 25, 2022
If your company creates health-related apps, the Federal Trade Commission (FTC) has set out some key considerations: Make accurate representations. Clearly explain how people's information will be used and shared and then live up to those promises. If your company has deployed apps to read credentials at storefronts, ensure that those businesses understand your practices and the limits on how they may use the data you share…
Colorado Becomes that Latest State to Adopt a New Data Privacy Law
Blog August 08, 2021
On July 7, 2021, Governor Jared Polis signed into law the Colorado Privacy Act (CPA), making Colorado the most recent state to enact comprehensive privacy legislation.  While the CPA does not take effect until July 1, 2023, it contains robust provisions that businesses will need some time to prepare for. The CPA draws many principles from and has a similar framework to the California Consumer Privacy Act (CCPA)…
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ABOUT

The Foley Hoag Security, Privacy and the Law Blog focuses on the security and privacy issues encountered by businesses that often require immediate and discreet solutions. Here we cover topics that arise from guiding our clients through the process of complying with the ever-growing number of state, federal and international laws governing information security, identity theft, surveillance and other privacy issues.

Our lawyers assist clients with questions on how to legally and ethically investigate abusive e-mail, take down infringing Web sites, maintain surveillance of company facilities and information systems, and remediate breaches of security. We work with clients to ensure the legality and success of existing security policies and protocols and help them develop new programs when necessary. Our lawyers have managed unexpected crises ranging from surprise inspections by government investigators to obtaining emergency court orders needed to secure stolen company computers from rogue insiders.

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