Pinched from Plunge.5 Jan 2019 17:48
Weather Channel Location Data Lawsuit Signals Stormy Times Ahead
by Allison Schiff // Friday, January 4th, 2019 – 3:51 pm
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California is gearing up to be a privacy battleground in 2019.
On Thursday, the city attorney for Los Angeles filed a lawsuit accusing The Weather Channel app and its parent company IBM, of duping users into providing permission to collect geolocation data without explaining exactly how that data would be used, aka, not just for weather-related forecasts and alerts.
According to the suit, which cites an early December 2018 New York Times exposé on the location data market, The Weather Channel app’s onboarding flow ushers users into the app experience without an initial permissions prompt stating the app shares data with third parties.
It’s mainly a disclosure issue, said Warren Zenna, president of the Americas at location data verification company Location Sciences.
“It doesn’t feel like anything more than being picky about the language, which is an indication of the way things are going, that we’ll probably see more people pouring over terms and conditions,” Zenna said. “But my question is, what do they want? For a pop-up every time the app wants to do something with data?”
Granted, users can go into the app’s privacy settings to control how location data is being used, but it’s an opt-out scenario at that point. From the language of The Weather Channel’s original opt-in pop-up, which asks for permission to track geolocation data “always,” “never” or “only when the app is in use” in exchange for weather-related alerts, users have no reason, the suit argues, to believe that their data is being used for anything other than those stated purposes.
“If I’m a user and I opt in to ‘always’ share location data, I gave you permission so I can see weather alerts no matter where I am,” said Forrester principal analyst Renee Murphy. “Selling that data out the back door is not part of the contract.”
Although the California Consumer Protection Act isn’t officially operative until Jan. 1, 2020, the LA suit is what Murphy calls “a shot across the bow.” Consider it a way to kick the tires on California’s new privacy regime and to set a bit of early legal precedent.
“A tsunami is coming,” Murphy said. “District attorneys feel empowered, companies are going to get caught and there will be fines, because, don’t kid yourself, this is a way to make money – the city will get you, the state will get you and then everyone else will get in line for a class action lawsuit.”
The Weather Channel App has 45 million monthly active users, which, the suit claims, likely includes hundreds of thousands of Californians. At $2,500 for each violation, that could end up being a hefty chunk of change.
It’s usually the Federal Trade Commission that brings lawsuits citing unfair and deceptive practices. The fact that a complaint of this nature is coming from the city level is significant, because it demonstrates an unwill