In a decision favorable to the airline industry—but not helpful to other companies—the California Court of Appeal said that a privacy enforcement action against Delta is not going to fly. On May 25, 2016, the Court of Appeal tossed the California Attorney General’s CalOPPA enforcement action against Delta Airlines, affirming the lower court’s 2013 dismissal of the case with prejudice.
As we previously wrote, California AG’s office has been taking incremental steps toward ensuring that mobile applications comply with CalOPPA. As early as 2012, its office began sending notices of non-compliance to mobile application developers. When some companies failed to respond, the Attorney General chose Delta as its pilot case, promptly filing its first-ever enforcement action under CalOPPA. Over the past three years, we have followed the Attorney General’s CalOPPA compliance campaign, including the Delta case. Continue Reading Delta Wins CalOPPA Case – But Your Mobile App May Not Fly