California files app privacy suit against Delta

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The state of California has filed suit against Delta Airlines for failing to have a privacy policy for its mobile app.

The Fly Delta app collects personally identifiable information including geolocation data and the California Online Privacy Protection Act of 2004 requires app providers to conspicuously post detailed privacy policies that specify, among other things, categories of third parties with whom data is shared.

California Attorney General Kamala Harris began formally notifying violators of the state's privacy law on Oct. 29 that they had 30 days to post a privacy policy--or face a fine of up to $2,500 each time a noncompliant app is downloaded.

The suit (.pdf), filed in San Francisco Superior Court, also alleges that Delta's conduct violates California's Unfair Competition Law.  

"California law is clear that mobile apps collecting personal information need privacy policies, and that the users of those apps deserve to know what is being done with their personal information," Harris said in a statement.

For more:
- download the complaint (Case No. CGC-12-526741) (.pdf)

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