Time is up for companies who offer mobile applications or collect personal information from California residents, but do not have a published privacy policy.  On October 30, 2012, the California Attorney General sent a letter to more than 100 companies demanding that each “conspicuously post its privacy policy in a means that is reasonably accessible to [consumers].” The letter gave recipients thirty days to comply, or otherwise face penalties of up to $2,500 per mobile application download. 

Notably, these potentially severe fines are not limited to companies based in California.  Instead, Attorney General Harris intends to reach well beyond the boundaries of her state to penalize any noncompliant company with mobile application users located in California.  At least one study recently found that, of the top 30 mobile applications, 22 (or nearly 75%) lacked even a basic privacy policy. 

More information is available in ourNovember 2, 2012 blog post.  Interested companies can also click here for more information from Holland & Knight regarding privacy, data security and information management, including how our team helps companies navigate privacy concerns in the mobile app environment by putting the apps to the test.