Antitrust Law Daily Wrap Up, ANTITRUST NEWS: FTC urged to investigate Pokemon GO privacy risks, (Jul 26, 2016)

By Michael Menzhuber, J.D., LL.M.

The FTC has been urged by the Electronic Privacy Information Center (EPIC) to investigate the data collection and retention practices of Niantic, Inc, a former Google company and the developer of the Pokemon GO app, the Center has announced. Niantic has close ties to Google and its CEO oversaw Google’s controversial "Street View" project, which was found to collect private Wi-Fi data transmissions.

In its July 22 letter to FTC Chairwoman Edith Ramirez, EPIC noted that Niantic granted itself full access to users’ Google accounts when it first released the Pokemon GO app. The full account access allowed Niantic to view users’ contacts, view and send e-mail, view and delete Google drive documents, access search and map navigation history, and view private photos stored in Google photos.

In response to widespread public attention over this "full account" access, Niantic and Google responded by reducing Niantic permissions to access users’ basic Google account profile information. However, even after this change, Niantic continues to collect detailed location history and access to smartphone cameras, according to the letter. U.S. Senator Al Franken voiced his concern by asking Niantic for clarification on the scope and purpose of its data collection.

EPIC states in its letter that the complex and novel privacy issues raised by the Pokemon GO app, coupled with Niantic’s disappointing history with respect to consumer privacy, underscores the need for FTC oversight. Therefore, the FTC should: (1) investigate whether Niantic’s data collection and retention practices are consistent with Fair Information Practices (FIPs); (2) prohibit Niantic’s policies that are inconsistent with FIPs as unfair or deceptive trade practices; and (3) investigate Niantic’s ongoing Children’s Online Privacy Protection Act violations.

Companies: Niantic, Inc.

News: Antitrust