How Should Developers Create
Privacy Protections for Downloaded Apps?
How can businesses launch a video game or social media app that will successfully navigate the minefield of privacy laws and regulations?
One of the often overlooked legal aspects of developing and marketing apps relates to complying with the necessary privacy regulations. Often, independent developers of apps overlook the fact that the process of downloading involves more than just focusing on creating profitable design elements, entertaining game play and using appropriate source code. It also involves accumulating private data about the users.
The following are five common questions that relate to a range of apps, from video games to informational and social media, from mobile applications to business-related software.
Privacy Protections for Developers FAQ
1. What data relating to users am I allowed to keep?
For example, the European Union’s General Data Protection Regulations (GDPR) that were implemented in May of 2018 have a multi-layered set of restrictions that concern digital privacy applicable to apps. Even the most well-crafted terms and conditions are not certain to address all those requirements, and even if they do, other jurisdictions may have additional restrictions that apply.
2. Are there any special categories that I need to be particularly focused on in terms of collecting private data?
In short, yes; there are many categories of information as to which you need to be particularly focused. An obvious example would be children. There are special laws that prohibit the collection of data regarding minors that do not apply to adults. For example, the Children’s Online Privacy Protection Act (COPPA) regulations impose requirements on the operators of websites, apps, and other online services with respect to the personal data they collect from those under the age of 13. It should be noted that there are a number of revisions and enhancements to COPPA that are currently under consideration.
3. What laws or regulations govern privacy policies and activities related to the use of online data?
4. Is there any way to protect against a violation of digital privacy laws and regulations, generally?
Not really. Whether one is purchasing the app through Google Play, Apple/iOS or some other platform—and whether that download is being effectuated in one jurisdiction or another—there is no one-size-fits-all solution. As stated, the various jurisdictions have enacted such a diverse set of such restrictions that privacy practices need to be customized to the specific uses and governing laws and regulations.
5. What does the future hold with regard to the problems inherent in collection of private digital data?
While it is impossible to know for sure, one thing is absolutely clear: the present state of affairs is completely untenable. As stated above, there are so many overlapping and contradictory requirements for providing notice to the public about compliance with privacy regulations; storing the data itself; and avoiding the resulting penalties for violating those confusing and conflicting requirements, that it is self-evident something needs to be done.
The most obvious approach would be to effectuate a worldwide digital treaty that would not only be binding upon states, provinces and other governmental subdivisions, but also be adopted by the national governments themselves. The aim would be to create a comprehensive set of requirements for downloading and storing private data. It remains to be seen whether we shall see actual progress along those lines.
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