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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: mobile

Posted in Consumer Privacy

FTC Continues to Enforce Security Statements

The Federal Trade Commission (“FTC”) has settled with two mobile application developers, Fandango and Credit Karma, over charges that they misrepresented the security of their mobile applications. According to the FTC, the developers failed to provide reasonable and appropriate security when their mobile applications transmitted consumers’ sensitive information. The particular issues noted by the FTC in its complaints against the developers differ to some degree, but the complaints share a common thread: the developers disabled the Secure Sockets Layer (SSL) protocol, which authenticates and encrypts communications across networks. In our post, we provide a high-level description of how SSL works, summarize the FTC’s complaints against Fandango and Credit Karma, and identify some important takeaways from these settlements.

Posted in Consumer Privacy, Privacy & Security Litigation, Social Media

Federal Court Certifies 60,000-Member Class in “Wireless Spam” TCPA Litigation against Insurance Company, for Actions of Its Marketing Vendors

In a decision with important implications for companies that hire outside marketing firms, a federal judge has certified a class of nearly 60,000 individuals who allegedly received an unsolicited text message from a marketing company hired by Stonebridge Life Insurance Company. The plaintiff in Lee v. Stonebridge Life Insurance Company and Trifecta Marketing Company, LLC, 3:11-cv-00043 (N.D. [...]

Posted in Consumer Privacy, News & Events, Social Media

FTC Releases Mobile Privacy Report and Announces Settlement with Mobile App Operator

Today the FTC released Mobile Privacy Disclosures: Building Trust Through Transparency, a report containing recommendations for the mobile industry.  The report encourages mobile app platforms to play a significant role in providing consumers with privacy-related information, devoting more pages to recommendations for platforms than it does for developers, ad networks, third-party service providers, and trade [...]

Posted in Consumer Privacy

Lawmakers Develop Mobile Privacy Legislation While California AG Files Privacy Suit Against Mobile App Developer

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 [...]

Posted in Consumer Privacy

California AG Sends Enforcement Letter to Developers of Popular Mobile Apps

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.

Posted in Consumer Privacy

GAO Calls for Additional Federal Action in Mobile Privacy Report

On October 11, 2012, the U.S. Government Accountability Office (GAO) issued a report titled “Mobile Device Location Data: Additional Federal Actions Could Help Protect Consumer Privacy.” Requested by Sen. Al Franken (D-MN), the Report recognizes the efforts of Federal agencies to protect consumer privacy when using mobile devices but calls for additional action

Posted in Consumer Privacy, Cybersecurity & Data Breaches

FTC Provides Guidance to (All) Mobile App Developers

Following up on a public workshop held earlier this year, today the Federal Trade Commission (FTC) issued a set of truth-in-advertising and privacy guidelines for mobile device application (app) developers. Titled “Marketing Your Mobile App: Get it Right From the Start,” the guidelines provide an overview of key issues for all app developers to consider.

Posted in Consumer Privacy

Is There a Breach in the Dam Holding Back Damage Actions for Alleged Privacy Breaches?

Two recent federal cases alleging privacy violations in the mobile context have been allowed to proceed based on novel damages allegations. The long-standing presumption that mere exposure of personal data is insufficient for standing and damage actions may become irrelevant if plaintiffs are able to link the exposure to increased costs of device usage.

Posted in Consumer Privacy

FTC Releases Final Privacy Report

Today the Federal Trade Commission (FTC) issued its long-awaited privacy report, “Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers,” which is intended to articulate “best practices” for companies that collect and use consumer data, and to assist Congress as it considers new privacy legislation.

Posted in Consumer Privacy

New Guidelines Released for Mobile App Privacy Policies

Amid increasing media and regulator scrutiny over location-based services, the Mobile Marketing Association has released a set of draft privacy policy guidelines for mobile applications (“apps”). These guidelines address key data privacy and security issues and provide a helpful “starting point” for companies that develop or deploy mobile apps. With assistance from Hogan Lovells, the Future of Privacy Forum participated in the development of these guidelines.

Posted in Consumer Privacy

App Privacy is in the News Again

This blog entry describes and links to articles from today’s Wall Street Journal and New York Times concerning the proliferation of appps (at the expense of software manufacturers) and the issue of app privacy, and how industry is addressing it. Hogan Lovells’ Chris Wolf is quoted in the Times article on how app developers should invest in creating privacy policies as a fundamental requirement, and a free webinar on app privacy hosted by the Mobile Marketing Association in conjunction with the Future of Privacy Forum is described, with a registration link.