Bass, Berry & Sims attorneys Alex Davenport and Roy Wyman authored an article for Cybersecurity Law Report exploring the legal and regulatory developments around the use of tracking technologies, including practical compliance and operational measures to implement to avoid potential liability.
In the article, Alex and Roy discussed the legal uses of tracking technologies as well as applicable laws regulating them, such as the Video Privacy Protection Act (VPPA) and the California Information Privacy Act (CIPA), along with new laws in development that pose potential enforcement and litigation risks.
One area in particular that poses challenges for regulatory compliance is tracking health data. Individual state consumer health data laws further complicate matters. Open-ended guidance regarding tracking technologies from the Department of Health and Human Services (HHS) have been challenged as overly broad and beyond the authority of the HHS, creating uncertainty around how to comply with federal regulation.
The full article, “Managing Tracking Technologies and Their Privacy Dilemmas in 2025,” was published by Cybersecurity Law Report on March 12 and is available online.