Antitrust Law Daily Wrap Up, PRIVACY NEWS: California AG Issues Mobile App Privacy Recommendations , (Jan 11, 2013)
By William Zale, J.D.
An important step for mobile app developers is to make an app’s privacy policy readily available and easy to understand before it is downloaded, according to California Attorney General Kamala D. Harris. Attorney General Harris has issued Privacy on the Go, privacy practice recommendations to assist mobile app developers and others including mobile carriers, device manufacturers, operating system developers, app developers, app platform providers, mobile ad networks, and security and privacy professionals.
The basic approach is to “minimize surprises” to users from unexpected privacy practices. An obvious way to avoid unpleasant surprises is to avoid collecting personally identifiable data not needed for an app’s basic functionality, according to the recommendations.
The recommendations, which in many places offer greater protection than afforded by existing law, are intended to encourage app developers and other players in the mobile sphere to consider privacy at the outset of the design process. The recommended approach is to supplement the legally required general privacy policy with enhanced measures to alert users and give them control over data practices that are not related to an app’s basic functionality or that involve sensitive information.
While initial recommendations are addressed primarily to app developers, recommendations are also included for other players. Hardware manufacturers, operating system developers, mobile telecommunications carriers, and advertising networks all play a part, along with mobile app developers, in enabling consumers to enjoy mobile apps without having to sacrifice their privacy, according to the recommendations.
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