Privacy and Information Security Alert - California Attorney General Announces Principles of Mobile Privacy; Mobile Platform Developers are Onboard

Fenwick & West LLP

On Wednesday, February 22, 2012, California’s Attorney General, along with the six leading mobile application platform developers, released a “Joint Statement of Principles” pertaining to privacy in the mobile space. The Joint Statement, adopted by Amazon, Apple, Google, Hewlett-Packard, Microsoft, and RIM, espoused four core principles of mobile privacy. While the Joint Statement does not take the form of a binding agreement and purports to impose no obligations on the platform developers beyond those already imposed by law, it is anticipated that these privacy principles will soon be adopted in full, amongst the six major platforms and beyond:

1) Where required by applicable law, mobile applications that collect personal data from their users must conspicuously post a privacy policy or some statement describing the privacy practices of the application. The policy or statement must provide clear and complete information regarding how the application and the application developer handle the personal data collected.

2) Mobile platform developers will implement an optional data field that will allow application developers, in submitting their applications, to provide a privacy policy or statement regarding the privacy practices of the application. Where developers provide such information in the submission process, the platform developers will then provide consumers with access to each policy or statement through the platform’s online application store or marketplace...

Please see full publication below for more information.

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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.

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