Provision Two: Requiring Secure Data Collection

Wednesday, December 19, 2012

 
Based on your feedback, the second provision of the mobile privacy legislation protects the security of users’ data.  It requires that developers prevent unauthorized access to a user’s data, such as a data breach, through reasonable and appropriate security measures.  
 
Last week, we discussed the control provision.  Under this provision, users would be able to control data collection by deleting the app at any time, along with their data stored by the app.  Within a reasonable period of time, developers would not be able to further collect or use that data.  
 
Each provision will have a two-week period for you to let us know about your thoughts and concerns. Once we have heard back from you on all three principles, we will issue another legislative transparency report that explores your feedback before the Congressman introduces legislation.
 
Bill Text: Security of personal data and anonymous data.—The developer of a mobile application shall take reasonable and appropriate measures to prevent unauthorized access to personal data and anonymous data collected by the application.
 
Definitions:
 
• The term “anonymous data” means data from which particular individuals cannot be identified.
• The term “developer” has the meaning given by the Federal Trade Commission by regulation.
• The term “mobile application” means a software program (A) that runs on the operating system of a mobile device; and (B) with which the user of the device directly interacts.
• The term “mobile device” means a smartphone, tablet computer, or similar portable computing device that transmits data over a wireless connection.
• The term “personal data” has the meaning given by the Federal Trade Commission by regulation, but does not include anonymous data.
 
We look forward to your input on the security provision, and hope you will continue to express your views and concerns regarding mobile privacy. By sharing your thoughts with us through our secure form at AppRights.us, or interacting with us on Facebook or Twitter, we will work together to find the right solutions to each issue.