According to a recent study released by the Future of Privacy Forum (FPF), the number of mobile apps with privacy policies has grown rapidly since September 2011. The study examined the top 25 free and 25 paid apps in the Apple iOS, Google Play, and Kindle Fire app stores, for a total of 150 apps. 

Of the apps reviewed, the study found that 69.3% of the free apps and 53.3% of the paid apps had privacy policies. This marked a significant improvement since FPF last conducted the study, which was more limited in scope.  

In addition, the study found that fewer apps today provide access to the privacy policy on the app store landing page (22.7% of free apps, 13.3% of paid apps) than they do from within the app itself or through a link provided within the app (48% of free apps, 32% of paid apps).  Some apps have begun to provide a short form notice that links to a more detailed privacy policy.

The rise in mobile app privacy policies may be attributable to increased attention by regulators at the federal and state level and various self-regulatory industry initiatives to improve mobile app transparency over the last several months.  (See, for example, our posts here, herehere, here, and here.)  While some of these efforts have focused on the process and format of app developers’ privacy policies, others are beginning to look at the substance of the disclosures and how the disclosures compare to the company’s actual practices. 

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Photo of Lindsey Tonsager Lindsey Tonsager

Lindsey Tonsager co-chairs the firm’s global Data Privacy and Cybersecurity practice. She advises clients in their strategic and proactive engagement with the Federal Trade Commission, the U.S. Congress, the California Privacy Protection Agency, and state attorneys general on proposed changes to data protection…

Lindsey Tonsager co-chairs the firm’s global Data Privacy and Cybersecurity practice. She advises clients in their strategic and proactive engagement with the Federal Trade Commission, the U.S. Congress, the California Privacy Protection Agency, and state attorneys general on proposed changes to data protection laws, and regularly represents clients in responding to investigations and enforcement actions involving their privacy and information security practices.

Lindsey’s practice focuses on helping clients launch new products and services that implicate the laws governing the use of artificial intelligence, data processing for connected devices, biometrics, online advertising, endorsements and testimonials in advertising and social media, the collection of personal information from children and students online, e-mail marketing, disclosures of video viewing information, and new technologies.

Lindsey also assesses privacy and data security risks in complex corporate transactions where personal data is a critical asset or data processing risks are otherwise material. In light of a dynamic regulatory environment where new state, federal, and international data protection laws are always on the horizon and enforcement priorities are shifting, she focuses on designing risk-based, global privacy programs for clients that can keep pace with evolving legal requirements and efficiently leverage the clients’ existing privacy policies and practices. She conducts data protection assessments to benchmark against legal requirements and industry trends and proposes practical risk mitigation measures.