Tuesday, January 29, 2013

California Privacy Law Update for Mobile Application Creators

If you missed it last October, California Attorney General Kamala Harris sent threatening letters to approximately 100 mobile app developers who were not in compliance with California privacy laws. These laws require that apps which record consumer information disclose to the end-user exactly what information is being recorded, how that information is used, and whom it is being shared with.

Generally speaking, the Attorney General’s main concern about mobile products stems from their use on small screen – specifically, a lengthy disclosure would amount to a large wall of text that very few users would actually read in their race for the accept button to actually use the application.

On January 10, the Attorney General gave some clarification on how mobile developers can bring their products in line with these requirements. The Attorney General recommends that mobile developers give users access to this privacy information in the form of pop-ups or icons. Specifically, she wants something more conspicuous than a wall of text.

If you have a mobile application that a single user in California takes advantage of and you do not have conspicuous disclosure of how you use any information you collect from users, you are in violation of California law.  And we recommend you work quickly and diligently to correct that error and bring yourself into compliance with the law.

The Attorney General has already filed the first lawsuit for violating this law against Delta Airlines for their mobile app “Fly Delta,” which the Attorney General claims has lacked a conspicuous privacy policy since 2010.

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