Kamala Harris' Lawsuit Against Delta Could Change Privacy Policies for Apps

Last week, California Attorney General Kamala Harris filed a lawsuit against Delta Airlines, claiming that the company's smartphone app violates state law because it does not have a privacy policy. It is somewhat of a landmark legal action: the first time an app maker has faced a privacy suit.

It is also an example of what happens when technology outpaces legislation. The California Online Privacy Protection Act requires that “an operator of a commercial website or online service that collects personally identifiable information through the Internet about individual consumers … shall conspicuously post its privacy policy on its Web site.” The legislation was enacted in 2004 — so nowhere do the words “mobile,” “smartphone,” “app,” or “application” appear.

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