In a recent client alert, partner Mark Parsons and associate Peter Colegate from the Hogan Lovells Hong Kong office highlighted the attention increasingly paid by privacy regulators around the world to the manner in which mobile apps collect, process, and transmit personal data.
Somewhat of a furor has been caused in Hong Kong by the decision of the Office of the Privacy Commissioner for Personal Data to issue an enforcement notice to stop a company from supplying data on individuals obtained from publicly available litigation and bankruptcy records via a smartphone application, claiming that the company “seriously invaded” the privacy of those individuals.
In May 2013, the Hong Kong Privacy Commissioner for Personal Data joined the Global Privacy Enforcement Network to conduct a privacy review to evaluate the transparency in the collection and use of personal data online, with a focus on Apps. This follows from the Privacy Commissioner’s issuance of an Information Leaflet in November 2012, which provides practical guidance aimed at App developers on how to comply with the Hong Kong Personal Data (Privacy) Ordinance Cap. 486. There is clearly a rising concern among both the Privacy Commissioner and the public on the collection and use of personal data through the use of Apps by App providers, both in Hong Kong and worldwide.
The European Union’s Article 29 Data Protection Working Party (“WP29“), which consists of the 27 data protection authorities of the European Union Member States, has published its “Opinion on Apps in Smart Devices“, adopted on 27 February 2013 (the “Opinion“). Applicability of EU laws According to WP29, the 1995 Data Protection Directive applies to all [...]
James Denvil, an associate in our Washington office, contributed to this entry. This week, Washington lawmakers and California’s Attorney General focused their attention on mobile privacy. The Senate Judiciary Committee is considering a measure that would establish legal requirements for apps that collect or share location information from mobile devices. A Democratic congressman released for [...]
On Tuesday, October 30, the California Attorney General Kamala Harris announced that her office has begun “formally notifying” mobile device application (“app”) operators that they are out of compliance with the notice provisions of the California Online Privacy Protection Act of 2003 (“CalOPPA”). The letters are a reminder that app developers and their partners should review their app data privacy and security practices and ensure that any apps collecting PII comply with the CalOPPA requirements, as well as other applicable Federal and state laws.
NTIA has announced that it will hold the first meeting in its long-awaited privacy multistakeholder process on July 12, 2012, focusing on mobile application transparency issues.
A new agreement this week between mobile app platform operators and the California Attorney General effectively creates enforceable, nationwide mobile app privacy standards that companies will need to follow going forward.
A draft bill circulating on the Hill would impose new regulations on companies involved in the mobile “app” ecosystem, including wireless service providers, equipment manufacturers, device retailers, operating system providers, website operators, and other online service providers.
The Hogan Lovells privacy blog is now mobile! Learn about our new mobile-formatted content available through our new App. Imagine, you can be standing in line (or on line, if in NYC) and bide the time by looking at your mobile device to read about the latest FTC enforcement action. Learn more in this entry.