Mar. 29, 2023

A Practical Guide to New Video Privacy Decisions Starring PBS and

Privacy laws from the 1980s or earlier are fueling a boom in new class actions. For the past year, lawsuits have targeted popular websites’ tracking of visitors’ video watching, chat use, cart deposits and other routine mouse clicks. Over 100 companies around the country have faced lawsuits alleging Video Privacy Protection Act violations, while another 100 assert violations of state wiretapping laws. Now, a first wave of court decisions has arrived. This two-part series analyzes the splits among the new rulings. In part one, video plaintiffs gain hope; in part two, the wiretap defendants cautiously cheer but fret about continuing risks. The series also offers practical takeaways for navigating the growing risks, including an exclusive technical update about how Facebook pulls video titles by default. See “BIPA Decisions Expand Potential Liability: What’s Next in Illinois and Other States?” (Mar. 8, 2023).

FTC’s BetterHelp Case Prescribes Stronger Privacy Practices

Signaling to the digital health industry that data privacy must be a priority, on March 2, 2023, the FTC reached a proposed settlement with BetterHelp to settle charges that the online counseling service made consumers’ sensitive data available to third parties such as Facebook and Snapchat for advertising after promising to keep such data private. With insights from WilmerHale and Kelley Drye partners, this article offers top takeaways from the settlement terms, and provides lessons for companies to enhance their privacy practices, particularly when sharing personal information with third parties. See “FTC and $391-Million State AG Case Put Location Data Enforcement on the Map” (Jan. 4, 2023).

Use of Alternative Data Continues to Grow, Says New Survey

Nearly nine-in-ten alternative asset managers said they now use alternative data or plan to use it in the coming year, and a solid majority increased their use of alternative data in 2021 and 2022 when compared with 2020, according to the third annual alternative data survey by Lowenstein Sandler. This year’s survey asked more than 100 alternative investment managers about their current and anticipated uptake of alternative data, data sourcing and vendors, policies, key concerns, demand for different categories of data, and its use in responsible investing. With insights from Lowenstein Sandler partners Boris Liberman and Scott H. Moss and counsel George Danenhauer, the study’s authors, we distill the survey results. See our two-part series on best practices for using alternative data: “Collection and Provider Management” (Feb. 12, 2020); “Mitigating Regulatory Risks” (Feb. 19, 2020).