Several comments made by Dominique Shelton, a partner in the firm’s Litigation & Trial Practice Group, as part of the International Association of Privacy Professionals Privacy Academy in Bellevue, Washington, were included in a BNA Bloomberg Privacy Law Watch article discussing the conference panelists’ discussion on achieving mobile privacy compliance goals.
As moderator, Shelton noted that a “resettable identifier” approach would be “very synergistic” with Federal Trade Commission guidance.
Shelton said the question of “who ought to be giving notice” of the personal data collection and use is critical. “Does the responsibility reside with the platform or the app developer?”
Shelton also was quoted regarding how the FTC guidance delineates some “clear roles” in terms of short-form notice content. “That responsibility seems to be focused on the app platforms . . . Obviously, the FTC is assuming that the app platforms are putting pressure on the app developers to provide that content.”
The California attorney general guidance focuses “on the app developer [being] responsible for providing the notice,” Shelton continued. “I think from a risk-avoidance standpoint, the app developer has every interest in making sure that the right just-in-time or short-form notices are provided.”
“Substantial compliance goes a long way to making companies less attractive for litigation purposes.”