THE MOBILE EVOLUTION

Transcription

1 1

2 THE MOBILE EVOLUTION Integrated Web Mobile Touch Mobile App Mobile Apps 2

3 BRAVE NEW WORLD OR BUSINESS AS USUAL? Apps are increasingly integrated with other apps and incorporate dynamic features i.e. phone, payment and geolocation Rich layered data + Rich user experience = Complicated privacy issues 3

4 WHAT S OLD IS NEW AGAIN Disclosure Choice Consent Security 4

5 MOBILE/SOCIAL APPS PRESENT NEW CHALLENGES 5

6 WHAT MAKES TODAY S APPS DIFFERENT? Social Personalized Persistent Ubiquitous & Casual Instant & Viral Dynamic & Integrated Correlated 6

7 KEY QUESTIONS FOR WHOLE- APP EXPERIENCE What data is being collected? Who is collecting the data? Who owns the data? Who is responsible for security? Who needs to make disclosures? Which disclosures need to be made? Answers usually implicate multiple parties... 7

8 Ubiquitous features Post text, photos, spending, bio-events Tag friends, location SOCIAL APPS Share every/anything Track self or others by location, activity Illustration only: Instagram 8

9 DEDICATED BANKING AND PAYMENT APPS Sensitive Data Required Bank Account Information Credit Card Number SSN, TIN, etc. Personal demographic data Illustration only: Google Wallet 9

10 RETAIL APPS Used in retail strategy: QR codes Rewards Special in store offers User Generate Content Social networking/sharing Make purchases Illustration only: Famous Footwear 10

11 HEALTH APPS Interact with Physicians Get test results Renew prescriptions Schedule appointments Request treatment Illustration only: One Medical 11

12 NOT JUST MAPPING APPS... Myriad of dating and social real time apps identify users by photo, age, gender, location, etc. Active pinging? Builds on social profile (only social log-in) Do users know what they are consenting to? 12 Illustration only: People Nearby

13 NOTICE & DISCLOSURES: WHAT TO COVER 13

14 BEHAVIORAL ADVERTISING Targeting Tracking Sharing information and working with third parties Is any of this going on in your app? 14

15 SHARING AND POSTING ACROSS SITES/APPS 3 rd party code? How, when, and what data is shared with third parties? Can you give users options? Do you know the answers For your app? 20 Illustration only: Yelp

16 LOCATION DATA How often/when are you collecting it? How much data are you collecting? Is anyone else collecting it? What are you doing with it? How long are you keeping it? Do you provide notice? Do you ask for consent? (in the app) Illustration only: Yelp 21

17 COMBINING AND DERIVING DATA BIG DATA Are you combining multiple data sets in order to derive information in an unexpected manner? Are you using data in a way that would surprise the user? Are you using the data to deliver an unexpected result? 17

18 ACCESSING CONTENT Does your app use or access other data? Contacts Photos/Video Purchases/Wishlists/Likes Geo-tags Illustration only: Evite 18

19 INTERNET OF THINGS Is your app thingy? GPS/WiFi/Bluetooth/Cellular Camera Microphone NFC Biometrics Users may not be aware of collection... Illustration only: Up by Jawbone 19

20 BEST PRACTICES 20

21 KNOW WHAT YOUR APP COLLECTS Log in information for integrated apps? Geolocation data? Payment information? Biometric data?

22 KNOW YOUR PLATFORM Apple itunes Store ios Developer Program License Agreement App Store Review Guidelines Android Android Market Developer Distribution Agreement Microsoft App Developer Agreement Facebook Facebook Platform Policies 22

23 PROVIDE NOTICE Have a Privacy Policy Even if you collect small amounts of data! Understand what you are collecting Understand how you are using data Make it conspicuous Illustration only: Instagram 23

24 BE TRANSPARENT Be clear and specific ID boundaries of your data collection v. third parties Tell users when you link their data to a specific device Do not exceed boundaries Consider asking permission before any unexpected use 24

25 SENSITIVE INFORMATION Consider providing an Enhanced Notice Children Financial Information Healthcare Information Protected Class 25 Illustration only: Uber

26 OFFER USERS CONTROL & CHOICE Individual Choice Collection Storage Transfer Opt-Out vs. Opt-In Controls over social/ automatic sharing Illustration only: Paypal 26

27 MAKE NOTICE AS ACCESSIBLE AS THE FUNCTIONALITY Make policy conspicuous and available prior to download Make the policy available from within the app and easily accessible E.g., offer to or print from mobile devices Illustration only: Uber 27

28 CHANGE MANAGEMENT If you change how app collects data, revisit your policy, too. Be mindful of unexpected uses. Let users know when there has been a change to the privacy policy. Get op-in for data collected under a different privacy policy. 28

29 29

30 THANK YOU Laura Hamady, CIPP/US Associate General Counsel, Regulatory & Chief Privacy Officer Groupon, Inc Gregory P. Silberman, CISSP Partner Jones Day 30