Is Your Company's Mobile App Violating CalOPPA?
Delta is not the only company that has caught the attention of the California attorney general. On October 26, 2012, the attorney general notified hundreds of mobile application developers and companies of their non-compliance with CalOPPA and gave them 30 days to submit specific plans and a timeline to comply with CalOPPA or face fines of up to $2,500 per download. If you have received such a notice, or if you have a mobile application that collects personally identifiable information, we advise you to consider whether CalOPPA applies to you.
Applicability of CalOPPA
CalOPPA applies to operators of commercial websites or online services that collect personally identifiable information (PII) about individual California consumers. The statute defines "personally identifiable information" as (a) a first and last name; (b) a home or other physical address, including street name and name of a city or town; (c) an e-mail address; (d) a telephone number; (e) a social security number; (f) any other identifier that permits the physical or online contacting of a specific individual; or (g) any information concerning a user that is collected online and maintained in personally identifiable form in combination with an identifier described above.
According to the California attorney general, operators of mobile applications that collect PII are "online services" within the meaning of CalOPPA.
In terms of substantive requirements, CalOPPA requires privacy policies to include the following:
- a description of the types of PII collected and disclosed by the operator;
- a description of the process by which a consumer can access and request changes to his or her PII, if available;
- an effective date.
Considerations for Companies with Mobile Apps
If you collect PII from California consumers through a mobile application, you may wish to take the following steps:
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- Review the application to determine whether it collects "personally identifiable information" as defined by the statute.
 Cal. Bus. & Prof. Code §§ 22575-22579.
 Cal. Bus. & Prof. Code § 22575(b).