Online Consumer Privacy: Airlines Under Scrutiny

In October 2012, the California attorney general's new Privacy Enforcement and Protection Unit mailed an unusual letter to Delta Air Lines. The letter warned Delta of its noncompliance with the California Online Privacy Protection Act (CalOPPA or Act).¹ At issue was CalOPPA's requirement that providers of online services make their privacy policies "reasonably accessible" to users; the State contended that the airline had failed to do just that through its "Fly Delta" mobile application. When Delta did not modify its mobile app within the 30 days specified in the Act,² the State filed suit despite the airline's promise to comply.3 Delta now faces a potential civil penalty of $2,500 per download, all for a free app that was intended to provide helpful services to passengers and promote Delta's brand.