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Garbage Document November 7, 2014

JAYANTA GHOSH 1

Sri Sri Ravi Shankar

5 ways to tackle blame

1. Laugh at it, Treat it as a non-event, not even worth talking about or taking any action.

2. Treat opinions and accusations as passing clouds and more of an entertainment.

3. Discourage dwelling on unpleasant and negative moments.

4. Be non-judgmental and absolutely unshaken in your space of love.

5. Remain centered and calm, and do not take pride in your wisdom.

Mobile apps are the new "must have" tool in any mobile marketing strategy,

particularly for consumer brands. Cost effective to develop and operate, apps provide

an ease and immediacy of interaction with consumers that is not available through

traditional marketing channels.

They also have the potential to gather extensive amounts of personal information about

the consumer. For organisations bound by the Australian Privacy Act, including the

Australian Privacy Principles, this presents a legal compliance risk that needs to be

balanced against the marketing strategy.

MOBILE APPS HAVE PRIVACY "ISSUES"

A global sweep of 1,200 mobile apps earlier this year by the foundthat the majority ofmobile apps have privacy issues.

Most of the apps included in the annual sweep seek to access the user's contact details, socialmedia accounts and other personal information, without providing the user with sufficientinformation security protocols or properly advising the user of how their personal informationwill be used (and how they can protect their privacy).

A similar picture was painted by the US Federal Trade Commission (FTC) in its recentreporton mobile shopping apps. The FTC found these apps often failed to clearly adviseconsumers of how their personal information would be used or handled.

The recommendation of the GPEN, following its annual sweep, is that "clear, conciseinformation about privacy practices builds customer trust and is good for business". This

sentiment is echoed by the FTC and reflected in the OAIC's privacy guidance for mobile appdevelopers in the OAIC's "Mobile privacy: a better practice guide for mobile app
https://www.facebook.com/SriSriRaviShankar?fref=nfhttps://www.facebook.com/SriSriRaviShankar?fref=nfhttps://www.privacyenforcement.net/%27%3EGlobal%20Privacy%20Enforcement%20Network%3C/a%3E%20%28GPEN%29%20which%20is%20made%20up%20of%20international%20privacy%20authorities%20including%20the%20Office%20of%20the%20Australian%20Privacy%20Commissioner,%20%3Ca%20href=https://www.privacyenforcement.net/%27%3EGlobal%20Privacy%20Enforcement%20Network%3C/a%3E%20%28GPEN%29%20which%20is%20made%20up%20of%20international%20privacy%20authorities%20including%20the%20Office%20of%20the%20Australian%20Privacy%20Commissioner,%20%3Ca%20href=https://www.privacyenforcement.net/%27%3EGlobal%20Privacy%20Enforcement%20Network%3C/a%3E%20%28GPEN%29%20which%20is%20made%20up%20of%20international%20privacy%20authorities%20including%20the%20Office%20of%20the%20Australian%20Privacy%20Commissioner,%20%3Ca%20href=http://www.ftc.gov/system/files/documents/reports/whats-deal-federal-trade-commission-study-mobile-shopping-apps-august-2014/140801mobileshoppingapps.pdfhttp://www.ftc.gov/system/files/documents/reports/whats-deal-federal-trade-commission-study-mobile-shopping-apps-august-2014/140801mobileshoppingapps.pdfhttp://www.oaic.gov.au/privacy/privacy-resources/privacy-guides/guide-for-mobile-app-developershttp://www.oaic.gov.au/privacy/privacy-resources/privacy-guides/guide-for-mobile-app-developershttp://www.oaic.gov.au/privacy/privacy-resources/privacy-guides/guide-for-mobile-app-developershttp://www.ftc.gov/system/files/documents/reports/whats-deal-federal-trade-commission-study-mobile-shopping-apps-august-2014/140801mobileshoppingapps.pdfhttps://www.privacyenforcement.net/%27%3EGlobal%20Privacy%20Enforcement%20Network%3C/a%3E%20%28GPEN%29%20which%20is%20made%20up%20of%20international%20privacy%20authorities%20including%20the%20Office%20of%20the%20Australian%20Privacy%20Commissioner,%20%3Ca%20href=https://www.facebook.com/SriSriRaviShankar?fref=nf


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JAYANTA GHOSH 2

developers". (Although the OAIC Guide was developed prior to the privacy law reformsearlier this year, it still provides useful guidance as to better privacy practice for mobile appdevelopers and providers.)

PRIVACY BEST PRACTICE FOR MOBILE APPS

If you're looking to develop or use a mobile app to interact with consumers in Australia, andyou're bound by the Australian Privacy Act1, you will need to:

1. AVOID OVER-COLLECTING PERSONAL INFORMATION

The golden rule: "if you don't need to know, don't collect it". This goes hand-in hand withanother golden rule: "the more you know, the more you're responsible for". Some tips:

Avoid collecting sensitive information (such as health information) through the app, if

possible.

If you're using WiFi analytics or the app seeks to access the user's personal information (such

as the user's location, MAC address/IP address, social media accounts, camera and

contacts), consider whether you really need all this data and how the user can turn off these

functions.

2. CONDUCT A PRIVACY RISK ASSESSMENT AS PART OF THE PLANNING PHASE

Understand how the data will flow through your organisation (the "data lifecycle"). This

means knowing what personal information the app collects, what you'll do with it, where

the data goes, how it is stored and your processes for deleting data at the end of its lifecycle.

If you're intending to use the mobile app to send direct marketing or you will share personalinformation collected through the app with others (particularly where they are overseas),

ensure you can do so lawfully and be transparent about this in your privacy policy.

Conduct a Privacy Impact Assessment to help you map the data lifecycle. It will highlight

privacy risk "hotspots" and whether your data handling processes need updating.

3. BE TRANSPARENT ABOUT WHAT DATA IS BEING COLLECTED

Provide the user with:

clear Terms of Use that deal with privacy, prior to the app being downloaded (or first

launched) that are easy to find and to understand; and easy access to your privacy policy and collection notice. This should be up-to-date and set

out (in plain English) what personal information the mobile app collects and how you will

handle that personal information (see APPs 1 and 5 for further detail). If you must link to

another site that hosts your privacy policy, ensure the link works and can be accessed

through the app.

4. TAILOR YOUR PRIVACY POLICY, COLLECTION NOTICE AND OTHER PRIVACY-RELATED

COMMUNICATIONS TO THE SMALL-SCREEN

The OAIC's Guide contains an extensive list of recommendations for meeting the "smallscreen" challenge. This includes:
http://www.oaic.gov.au/privacy/privacy-resources/privacy-guides/guide-for-mobile-app-developershttp://www.oaic.gov.au/privacy/privacy-resources/privacy-guides/guide-for-mobile-app-developershttp://www.oaic.gov.au/privacy/privacy-resources/privacy-guides/guide-for-mobile-app-developers


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JAYANTA GHOSH 3

incorporating short form notices for privacy policies that are no longer than a single screen

(if possible);

drawing the users' attention to any collection, use or disclosure of information that they

would not otherwise reasonably expect; and

using pop-ups, layered information and just-in-time notification to inform users of potential

collections or uses of personal information when they are about to happen.

5. ADOPT A "PRIVACY-BY-DESIGN" APPROACH, WHEREVER POSSIBLE

This means building in privacy and security settings into the app's architecture from thebeginning, rather than trying to "bolt it on" later.

6. HAVE A WRITTEN CONTRACT IN PLACE WITH YOUR MOBILE APP DEVELOPER

The contract should reflect your privacy compliance (as well as commercial, technical andlegal) requirements, such as the required privacy features and settings. It should also dealwith the level of access the developer will have to consumer data collected through the app (ifany) during development and testing and on completion.

The bottom line is, if you're using a mobile app to engage with consumers in Australia or tootherwise collect personal information, then you will need to ensure it complies with theAustralian Privacy Principles.

You must be transparent about what personal information you're collecting and your privacypractices, as well as complying with your other privacy obligations under the AustralianPrivacy Principles. The risk of non-compliance could be a fine of up to $1.7 million for an

organisation, which would put a big hole in any marketing budget.

Footnote

1This may include a foreign company, if there is an "Australia link" in accordance with s5B of thePrivacy Act

1988(Cth).

The content of this article is intended to provide a general guide to the subject matter.

Specialist advice should be sought about your specific circumstances.

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