The Application Privacy, Protection and Security Act of 2013

Congress has recently introduced the Application Privacy, Protection and Security Act of 2013 (HR1913).  This legislation would require mobile application developers to disclose what data they collect and how they utilize, share, and archive the data they capture.

In January, 2013, the California Attorney General's office issued a privacy report on the mobile apps ecosystem.  Subsequently, on February 1, 2013, an FTC report recommended ways for mobile app developers to improve privacy disclosures.  At that time, the FTC stated that app developers should:

• Have a privacy policy and make sure it is easily accessible through the app stores;
• Provide just-in-time disclosures and obtain affirmative express consent before collecting and sharing sensitive information (to the extent the platforms have not already provided such disclosures and obtained such consent);
• Improve coordination and communication with ad networks and other third parties that provide services for apps, such as analytics companies, so the app developers can better understand the software they are using and, in turn, provide accurate disclosures to consumers.

HR 1913 appears it will make some of the FTC's recommendations mandatory.  Its unfortunate that the actions of some members of the app ecosystem may lead to further regulation of the entire industry.

To learn more about these issues you may contact me at www.shearlaw.com.

Copyright 2013 by the Law Office of Bradley S. Shear, LLC.  All rights reserved.

Congress May Update the Video Privacy Protection Act

Congress may update the 1988 Video Privacy Protection Act because Netflix wants to build a Facebook application that may enable consumers to more easily share their movie choices and opinions. HR2471 may only benefit Netflix, Facebook, and third parties who may access the data. Netflix and Facebook users can already share their movie likes and dislikes online without any new legislation. Therefore, is there a reason to weaken a law that has protected the privacy of those living in the United States for more than 20 years?

As we have seen over and over again, data breaches occur frequently so it would be prudent to study this issue before passing a law that may have unintended side effects. Should Congress weaken a law that protects the personal privacy of more than 300 million people in the United States?

To learn more about these issues you may contact me at www.shearlaw.com.

Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.