Legal Advice on Mobility, Privacy
Legal Advice on Mobility, Privacy

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In the U.S., the Federal Trade Commission and the State of California both recently released guidelines specific to ensuring privacy protections for the users of mobile devices. What is the mobile privacy message to application developers, operating system providers and other players in the mobile ecosystem? How should they respond to the recommendations?

In this exclusive video interview, two noted security/privacy attorneys discuss:

  • Specifics of what the FTC and Calif. AG have said about mobile privacy;
  • Recent legal trends involving mobile privacy;
  • What organizations must do to avoid costly litigation and ensure conformance with the latest regulatory guidelines.

Background

As tablets and smartphones grow in adoption, organizations increasingly are tailoring services and accessibility to the smaller form factors. And U.S. governmental bodies are stepping in to provide much-needed guidance to ensure privacy protection. The latest examples:

Federal Trade Commission - The FTC in early 2013 provided guidance on how the agency could enforce American federal laws and regulations to protect the privacy of users of smart phones and tablets. In its report, "Mobile Privacy Disclosures: Building Trust Through Transparency," the FTC makes recommendations for critical players in the mobile marketplace: applications developers, including those in end-user organizations; mobile platforms; advertising networks; and analytics companies, as well as application developer trade associations. Most of the suggestions in the 36-page report ensure consumers get timely, easy-to-understand disclosures about what information the mobile devices collect and how the data are used.

California Attorney General's Office - Also in early 2013, Calif. AG Kamala D. Harris released a report "Privacy on the Go," which includes what the AG describes as "a set of privacy practice recommendations to assist app developers, and others, in considering privacy early in the development process." These guidelines are intended to educate the industry and promote best practices, the AG says, adding: "The recommendations, which in many places offer greater protection than afforded by existing law, are intended to encourage app developers and other players in the mobile sphere to consider privacy at the outset of the design process."

"Privacy by design" is the emerging concept referenced by the Calif. AG, and it is a significant topic of conversation in this dialogue about emerging mobile guidance and how it should influence organizations' privacy policies.

In this video interview, David Navetta and Ronald Raether - two U.S. attorneys with deep experience in privacy and information security - share insights on:

  • The privacy message being conveyed by regulators;
  • How "privacy by design" fits into mobile app development;
  • The legal exposures organizations need to monitor as they increase mobile initiatives.


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