Mobile App Privacy Developments In California

The Attorney General of California has begun sending non-compliance letters to mobile app developers who are not complying with the State’s privacy laws because their apps do not have a privacy policy. The apps targeted are available through the Apple App Store and Google Play platforms.

The California Online Privacy Protection Act (“CalOPPA”) requires that commercial web sites and online services post a privacy policy that, among other things, is conspicuously posted and reasonable accessible by the consumer, if the site collects personally identifiable information via the Internet about individual consumers who use or visit the site and reside in California.

Failing to post a privacy policy within 30 days after receiving notice of non-compliance is a violation of CalOPPA and can result in penalties of up to $2,500 for each violation. As the Attorney General’s Office points out, that means $2,500 for each copy of an unlawful app downloaded by California consumers. [Download Sample Letter of Non-Compliance from Attorney General’s Office]

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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.

© Peter S. Bauman - Senior Commercial Litigation Attorney Callahan & Blaine, (714) 241-4444 (office) / (949) 842-1720 (mobile) | Attorney Advertising

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