Robyn M. Feldstein

Subscribe to all posts by Robyn M. Feldstein

OCR Provides Guidance on the Privacy of Data Stored on Health Apps and Mobile Devices

By Robyn M. Feldstein and Courtney Litchfield on July 15, 2022 Posted in HIPAA/HITECH, Privacy

In the wake of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, many individuals and organizations have expressed uncertainty about the protection afforded to data stored on health apps, including cycle trackers.[1] As a result, the U.S. Department of Health & Human Services Office for Civil Rights (OCR) has issued guidance … Continue Reading

If it’s broke, just fix it…: Curing Alleged CCPA Violations

By Colby Everett, Robyn M. Feldstein and Casie Collignon on June 14, 2022 Posted in CCPA

Courts across the United States continue to grapple with California’s landmark consumer privacy law, the California Consumer Privacy Act (CCPA). While the contours of this law are being litigated on multiple fronts, one important, but not most discussed provision, is Section 1798.150(a)(1), the right to cure. The CCPA, like other, similar California privacy laws, includes … Continue Reading

In BIPA’s Wake, a Wave of New Biometric Privacy Proposals

By Robyn M. Feldstein and Melinda L. McLellan on April 15, 2019 Posted in Biometrics

Over the past year, a host of new national, state and local laws have been introduced to regulate the collection and use of biometric information. Although these proposals vary in their requirements, certain elements appear to be inspired in part by the Illinois Biometric Information Privacy Act (BIPA), which has been the subject of significant … Continue Reading

Wearables in The Arena: The Shifting Legal Landscape Governing Fitness Trackers in Professional Sports

By Melinda L. McLellan, Ron Gaither, Elizabeth McCurrach and Robyn M. Feldstein on December 17, 2018 Posted in Biometrics, Internet of Things

The use of wearable technology (colloquially known as “wearables”) has been on the radar of athletes, sponsors, sports teams and leagues for years, with the various constituencies carefully balancing the necessity for player privacy with growing professional and financial interests. Following the Supreme Court’s decision in Murphy v. NCAA, which overturned the Professional and Amateur … Continue Reading

Washington State Passes Legislation Governing the Use of Biometric Information

By Melinda L. McLellan and Robyn M. Feldstein on June 8, 2017 Posted in Privacy Litigation, Retail Industry, State Legislation

Effective July 23, 2017, Washington will join Illinois and Texas as the third U.S. state to impose statutory restrictions on how businesses collect, use, disclose and retain biometric information. House Bill 1493 applies to entities that “enroll a biometric identifier in a database for a commercial purpose” and includes requirements to provide notice to individuals … Continue Reading

FTC Settles with Ad Tech Company Over Deceptive Online Tracking Practices

By Melinda L. McLellan and Robyn M. Feldstein on December 27, 2016 Posted in Behavioral Advertising, Enforcement, Marketing, Mobile Privacy, Online Privacy

On December 20, 2016, the Federal Trade Commission (FTC) announced that Turn Inc. agreed to settle charges that it misled consumers about its online tracking activities and failed to honor consumer opt-outs as described in its privacy policy. Background Turn is a digital advertising company that facilitates targeted marketing by commercial brands and ad agencies … Continue Reading