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We posted this alert back in March, and now California Attorney
General Kamala Harris has released a recommended set of
privacy best practices for app developers and advertising networks
entitled "Privacy on the Go: Recommendations
for the Mobile Ecosystem." Written after consulting a
"broad spectrum of stakeholders," including app
developers, ad networks, privacy professionals and privacy
advocates, the best practices urges those developing apps to
consider building privacy protections in from the start and to display brief notices prior to taking actions
such as data collection.
Those of us here at the Privacy & Security Matters blog
approve of the title.
Original March 13, 2012 post:
Although one would never realize it when downloading many
popular mobile apps on any of the major platforms (Apple's
iTunes, Google, Amazon, RIM, HP, etc.) — the requirements of
California's Online Privacy Protection Act
to have a "clear and conspicuous" privacy policy apply to
mobile apps as well as online website. California's
Attorney General has reached an agreement on a set
of principles with Apple, Google, Amazon, HP, RIM and
Microsoft that will see all companies implementing new standards
for displaying privacy policies for apps that collect personal
data.
"We can sue and we will sue," Attorney General
Kamala D. Harris said when announcing the
agreement. For more, including tips for app developers,
see our Mintz Levin client alert here.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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The 2010 theft of an unencrypted laptop containing confidential health care information made front-page news in 2013, not because a huge number of patients were affected, but for the exact opposite reason.
Identity theft is a serious threat. In 2012, more than 12.6 million adults became victims of identity theft in the U.S.1 And the costs have been astronomical.
On April 22 Verizon released its 2013 Data Breach Investigations Report (DBIR), which has since 2008 become a leading annual survey of data breaches, with participants across the globe.
Increasingly, privacy is a big concern in app development. California and other jurisdictions are ramping up enforcement efforts around existing privacy laws.
Understanding the complexities of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules is often a challenge for health care providers and consumers.
Any company that collects personal data from consumers should take proactive steps to have appropriate legal counsel review its data security practices, as well as its terms of service or privacy practices, to identify any potential problem areas.
The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published on its website a series of factsheets designed to educate consumers unfamiliar with their rights under the Health Insurance Portability and Accountability Act’s (HIPAA) Privacy and Security Rules.