1. Courts Question Mobile App Privacy Issue
5/11/2013 7:53:32 AM
Courts Question Mobile App Privacy Issue
https://appdevelopermagazine.com/news_old/files/Delta-Court-Privacy-App-20130511-075623.png
App Developer Magazine
Courts Question Mobile App Privacy Issue

Courts Question Mobile App Privacy Issue



Richard Harris Richard Harris in Mobile Guidelines Saturday, May 11, 2013
2,286

On December 12, 2012 last year, the Attorney General for the State of California filed against Delta Air Lines alleging, for the first time in California, that Delta Air Lines, California’s Online Privacy Protection law when it collected personal identifiable information using its “Fly Delta” mobile application.  


On May 9, 2013, the San Francisco Superior Court dismissed the case on the grounds federal law, not state law, controlled how an airline provides information and communicates with consumers.  


The ruling is extremely important as it the first time a California Court held that privacy standards mobile app developers must follow will be dictated by whether the industry is federally regulated and not whether the mobile app merely obtains personal information from a consumer in California. 


While not apparently included as a basis for the Court’s actual ruling, Delta raised other arguments which may be used in other cases: (1) A mobile app is not an “online service”?;

(2) Delta’s privacy policy was reasonably accessible even if it was not included in the actual mobile app;

(3) Delta did not collect personal identifiable information.


Adam Grant, Esq

Alpert Barr & Grant




Read more: http://www.businessweek.com/news/2013-05-09/delta-...

Subscribe to App Developer Magazine

Become a subscriber of App Developer Magazine for just $5.99 a month and take advantage of all these perks.

MEMBERS GET ACCESS TO

  • - Exclusive content from leaders in the industry
  • - Q&A articles from industry leaders
  • - Tips and tricks from the most successful developers weekly
  • - Monthly issues, including all 90+ back-issues since 2012
  • - Event discounts and early-bird signups
  • - Gain insight from top achievers in the app store
  • - Learn what tools to use, what SDK's to use, and more

    Subscribe here