Privacy Enforcement: Cal AG Moves on Mobile Apps, MD Beefs Up Privacy Enforcement

pizap.com13623934212891California AG Makes Privacy Recommendation for Mobile Apps

California Attorney General Kamala Harris released a report “Privacy on the Go: Recommendations for the Mobile Ecosystem,” urging mobile app developers to adopt fair privacy practices such as (i) avoiding collecting personally identifiable data not needed for app’s basic functionality, (ii) make the app’s privacy policy accessible from the app platform; and (iii) use “special notices” to draw attention to data practices that might be unexpected.   Industry quickly responded contending that the recommendations were unworkable, inconsistent with current self-regulatory efforts and “not grounded in any apparent legal authority.”

A coalition, that included the American Association of Advertising Agencies, the American Advertising Federation, the Association of National Advertisers, the National Business Coalition on E-Commerce & Privacy Direct Marketing Association, the Interactive Advertising Bureau and MPA—Association of Magazine Media issued a stern response to the report, stating:

the recommendations are unworkable and could create market confusion for businesses trying to implement best practices in their mobile business. These recommendations, which openly conflict with developing consensus standards and are not grounded in any apparent legal authority, go well beyond existing requirements under California law, as well as Federal law, and will inevitably impact countless entities that are not subject to California’s Online Privacy Protection Act. 

Harris’ office also filed suit against Delta Airlines for failing to include a privacy policy with its Mobile App, which is a remarkable blunder for the airline since liability attaches only if a party fails to post a policy after 30 days notice from the Attorney General.


Maryland AG and NAAG President Gansler Creates Privacy Enforcement Unit

Maryland Attorney General and President of the National Association of Attorneys General Doug Gansler has followed California’s lead and launched a privacy enforcement unit.

We spoke with Attorney General Gansler in November on Cyber Law & Business Report and prepared a profile of him in connection with the show.