Attorney General Has New—Mostly Unenforceable—Privacy Rules for Mobile App Developers

Monday, January 14, 2013

In the still untamed world of mobile applications for cellphones and tablets, you can lead developers to privacy guidelines, but can you make them partake?

California Attorney General Kamala Harris thinks so and last week the state Department of Justice released “Privacy on the Go,” recommendations for developers on how to avoid compromising the privacy of mobile device users. They should refrain from grabbing more personal data from the user than their applications need to function, make their privacy policies readable, let people know when third-parties are gaining access to their data and think about all this stuff when they first start to design their apps.

The report calls for using “plain language” to tell users what information is being collected, how long it is being stored for and who it’s being shared with. That is not a common practice in the online world, where many of the report’s recommendations would be welcome by users. But the report also layers in specific guidelines for the design and presentation of privacy practices in a mobile environment.

The attorney general has no statutory power to enforce any of this stuff, or write new rules for app makers—which is not to say that Harris’ 22-page report won’t be influential. State and federal authorities are grappling with these privacy issues and looking for workable models as they draft legislation that will affect everything from the tiniest app to Facebook and medical records.     

Harris sued Delta Airlines last month for violating California’s online privacy law by not informing people how their personal data is being collected by its mobile app and was reportedly a key figure in getting Apple and Facebook to require apps to display privacy policies.

But, so far, the public’s concern about privacy continues to grow. A USC Dornsife/Los Angeles Times poll in March 2012 found that more than 75% of California residents said that technology companies are violating their privacy by collecting too much information.

“Overwhelmingly Californians did not like the idea of their personal information being used for commercial purposes and they weren't shy in telling us about that,” according to poll director Dan Schnur. The poll found that people didn’t like their personal information collected without their knowledge, were concerned it might be made public, feared it would be sold, and weren’t crazy that internet companies were making money off it.

So far, they have new guidelines for mobile app developers. It may have to do for now.

–Ken Broder

 

To Learn More:

California AG Has Privacy Recommendations for Mobile Industry (by Brandon Bailey, San Jose Mercury News)

California Suggests Mobile App Privacy Guidelines (by Somini Sengupta, New York Times)

Atty. Gen. Kamala Harris Issues Mobile Apps Privacy Guidelines (by Jessica Guynn, Los Angeles Times)

California AG Issues First-in-U.S. Mobile App Privacy Guidelines (by Seth Rosenblatt, CNET)

Privacy on the Go (California Department of Justice) (pdf)

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