California Attorney General Brings Privacy Law Enforcement Action Against Delta Air Lines Over "Fly Delta" Mobile Application

more+
less-

Long-known as an ardent protector of individual privacy rights, California brought its first legal enforcement action under state privacy laws on December 6, 2012, when state Attorney General Kamala D. Harris filed suit against Delta Air Lines, Inc. for failure to display a privacy policy on its mobile application. According to the Complaint, Delta's "Fly Delta" app violates California's Online Privacy Protection Act ("CalOPPA") and Unfair Competition Law because the app collects personally identifiable information ("PII") from users but does not display a privacy policy.

The Fly Delta app, which has been offered since 2010, allows a user to, among other things, book and check in for flights, pay for and track checked baggage, and save the geo-location of the user's parked car using a photograph taken from the user's phone. The Complaint further alleges that, in providing these services, the Fly Delta app collects at least fourteen types of PII, including a user's passport number, geo-location data, corporate or employer affiliation, and credit card information. The Fly Delta app itself makes no mention of its collection or use of such PII, nor does it reference the privacy policy on the main Delta Air Lines website. According to the Complaint, Delta's website's privacy policy does not mention the Fly Delta app, nor does it disclose the app's collection of users' geo-location data or photographs. If found liable, Delta could face civil penalties of up to $2,500 per violation.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© White & Case LLP | Attorney Advertising

Written by:

more+
less-

White & Case LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×