Gonzalo
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State Of California Sues Delta Air Lines

Fri Dec 07, 2012 5:00 pm

The California State has filed a lawsuit against DL, saying the airline is in noncompliance with laws about online privacy...

The airline could face a payment of $ 2.500 for each violation !!

The information on the article is very limited, can someone elaborate a little more about this legal issue ??

It will be interesting to see this two giants fighting !!!



http://atwonline.com/international-a...air-lines-over-smartphone-app-1207

Rgds.
G.
Edit: typo

[Edited 2012-12-07 09:53:33]
Gear Up!!: DC-3 / EMB-110 / Fairchild-227 / Ab318-19-20-21 / B732 / B763 / B789
 
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mayor
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State Of California Sues Delta Air Lines

Fri Dec 07, 2012 5:07 pm

Sounds to me like the state of California is trying to get their books back in the black, $2500 at a time.
"A committee is a group of the unprepared, appointed by the unwilling, to do the unnecessary"----Fred Allen
 
wedgetail737
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State Of California Sues Delta Air Lines

Fri Dec 07, 2012 5:09 pm

The next thing CA will want is back-taxes for all those people that use to be CA residence.
 
HPRamper
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State Of California Sues Delta Air Lines

Fri Dec 07, 2012 5:13 pm

Delta has a very well put together privacy policy. Apparently Delta believes their policy covers both internet and mobile app usage, while California's stance is that the privacy policy does not specify the mobile app.
 
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Tugger
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State Of California Sues Delta Air Lines

Fri Dec 07, 2012 5:16 pm

Quoting Gonzalo (Thread starter):
It will be interesting to see this too giants fighting !!!

There won't be any fight. Delta will simply adjust their website to comply with the privacy requirements just as they have done for the EU's requirements. It's not a big deal or that difficult. Now whether a fine will be imposed and collected, that is another story, personally I think the fine threat is mostly just the lever used to get companies to move and comply.

Tugg
I don’t know that I am unafraid to be myself, but it is hard to be somebody else. -W. Shatner
 
studedave
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State Of California Sues Delta Air Lines

Fri Dec 07, 2012 6:11 pm

Quoting wedgetail737 (Reply 2):
The next thing CA will want is back-taxes for all those people that use to be CA residence.

They have already tried that one with me-- it didn't work in their favor.
Why? They failed to notice the fact that I was on active duty in the NAVY.

Nonresidents don't owe them a dime.

I never got a California DL or plates either.
The CHP didn't like that much, but it's the law.





StudeDave
Classic planes, Classic trains, and Studebakers~~ what else is there???
 
dlramp4life
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State Of California Sues Delta Air Lines

Fri Dec 07, 2012 6:20 pm

Quoting Gonzalo (Thread starter):

*Delta Air Lines
SEA Ramp, wettest place on earth
 
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kc135topboom
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State Of California Sues Delta Air Lines

Fri Dec 07, 2012 6:32 pm

Quoting mayor (Reply 1):
Sounds to me like the state of California is trying to get their books back in the black, $2500 at a time.

  

Quoting StudeDave (Reply 5):
They have already tried that one with me-- it didn't work in their favor.
Why? They failed to notice the fact that I was on active duty in the NAVY.

They have tried that with me, too. I was in the USAF and stationed in California twice.

I would say here CA doesn't have a good strong case here, DL should easily win, even though it was filed in a state court in SFO. DL can easily get this bumped up to a federal court, since they deal with interstate commerce.
 
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mayor
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State Of California Sues Delta Air Lines

Fri Dec 07, 2012 6:52 pm

Quoting KC135TopBoom (Reply 7):
would say here CA doesn't have a good strong case here, DL should easily win, even though it was filed in a state court in SFO. DL can easily get this bumped up to a federal court, since they deal with interstate commerce.

They always seem to file these in SFO, maybe because the courts, there, are more liberal.
"A committee is a group of the unprepared, appointed by the unwilling, to do the unnecessary"----Fred Allen
 
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Tugger
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State Of California Sues Delta Air Lines

Fri Dec 07, 2012 7:01 pm

Quoting mayor (Reply 8):
They always seem to file these in SFO, maybe because the courts, there, are more liberal.

On a state level it doesn't make much of a difference, the state law will still be interpreted from a state perspective. Additionally if it goes to the federal level then the same court, regardless of where it is/started in California, would be hearing the case.

(Hey I like it, spell check came up with "interpenetrated" when I misspelled "interpreted" above, could explain a lot of things in California   )

Tugg
I don’t know that I am unafraid to be myself, but it is hard to be somebody else. -W. Shatner
 
art
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State Of California Sues Delta Air Lines

Fri Dec 07, 2012 7:35 pm

Quoting tugger (Reply 4):
Delta will simply adjust their website to comply with the privacy requirements just as they have done for the EU's requirements. It's not a big deal or that difficult.

  
If you knew the content you could put it on a web page in a few minutes. If there is already a privacy policy in the app, I don't suppose it would take long to rephrase.
 
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Dreadnought
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State Of California Sues Delta Air Lines

Fri Dec 07, 2012 7:49 pm

Quoting StudeDave (Reply 5):
They have already tried that one with me-- it didn't work in their favor.
Why? They failed to notice the fact that I was on active duty in the NAVY.

Nonresidents don't owe them a dime.

That argument has so far failed at the federal level, unfortunately.
You have enemies? Good. That means you've stood up for something, sometime in your life. - W. Churchill
 
ryanov
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State Of California Sues Delta Air Lines

Fri Dec 07, 2012 7:53 pm

Quoting mayor (Reply 1):
Sounds to me like the state of California is trying to get their books back in the black, $2500 at a time.

This sounds to me like a knee-jerk anti-government response, not a thorough understanding of the issue.
 
FATFlyer
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State Of California Sues Delta Air Lines

Fri Dec 07, 2012 8:19 pm

This suit may be about the accessibility of Delta's privacy policy, not just if the app has a privacy policy. I haven't seen details yet to know.

The California On-line Privacy Protection Act requires the privacy policy (If personal info is collected in the app or website) to be both conspicuous and accessible. That means using links, icons, etc that provide access to the privacy policy.

Also, the law requires consumers to be able to review the privacy policy before their personal information is collected. That allows a consumer to choose not to use the app or web site.

Earlier this year, the California AG reached agreements with Amazon, Apple, Facebook, Google, Hewlett-Packard, Microsoft, and Research in Motion to bring them into compliance with the privacy law. Those companies agreed that app privacy policies would be available for consumers to read before downloading apps.

California's AG had issued 30 day warnings in October/November to 100 companies about their apps being out of compliance with state privacy law. Besides Delta the group also included United.
"Travel is fatal to prejudice, bigotry, and narrow-mindedness." - Mark Twain
 
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mayor
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State Of California Sues Delta Air Lines

Fri Dec 07, 2012 10:53 pm

Quoting ryanov (Reply 12):
This sounds to me like a knee-jerk anti-government response, not a thorough understanding of the issue.

Apparently, you failed to see the humor in my post.  
"A committee is a group of the unprepared, appointed by the unwilling, to do the unnecessary"----Fred Allen
 
AirCalSNA
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State Of California Sues Delta Air Lines

Sat Dec 08, 2012 1:03 am

Quoting KC135TopBoom (Reply 7):
They have tried that with me, too. I was in the USAF and stationed in California twice.

I would say here CA doesn't have a good strong case here, DL should easily win, even though it was filed in a state court in SFO. DL can easily get this bumped up to a federal court, since they deal with interstate commerce.

I deal with removal issues fairly frequently. This case is probably not removable to federal court because it concerns state law not federal law, and a State is not considered a "citizen" for the purpose of "diversity jurisdiction" (i.e., federal courts are reserved for federal issues and lawsuits between citizens of different states).
 
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DocLightning
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State Of California Sues Delta Air Lines

Sat Dec 08, 2012 1:29 am

In other news, I just got an updated "Fly Delta" app from the iTunes store pushed to me. Version 1.7.4.

"What's new?"
-Added a link to Delta's privacy policy

Well, there you go.
-Doc Lightning-

"The sky calls to us. If we do not destroy ourselves, we will one day venture to the stars."
-Carl Sagan
 
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Tugger
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State Of California Sues Delta Air Lines

Sat Dec 08, 2012 1:46 am

Quoting DocLightning (Reply 16):
In other news, I just got an updated "Fly Delta" app from the iTunes store pushed to me. Version 1.7.4.

"What's new?"
-Added a link to Delta's privacy policy

Well, there you go.

Ta-da!
And to toot my own horn:

Quoting tugger (Reply 4):
There won't be any fight. Delta will simply adjust their website to comply with the privacy requirements [...]It's not a big deal or that difficult.


 Big grin
Tugg

[Edited 2012-12-07 17:47:59]
I don’t know that I am unafraid to be myself, but it is hard to be somebody else. -W. Shatner
 
deltal1011man
Posts: 4752
Joined: Mon Sep 19, 2005 9:17 am

State Of California Sues Delta Air Lines

Sat Dec 08, 2012 6:14 am

Quoting Gonzalo (Thread starter):

Air (space) Lines

Quoting mayor (Reply 1):

Lmao. good on mayor.

Quoting dlramp4life (Reply 6):

damn...beat me to it.  
Quoting ryanov (Reply 12):

calm down it is just a joke.

Quoting DocLightning (Reply 16):

same here. That didn't take long
New airliners.net web site sucks....
Also the mods want to kill free speech and prevent people from saying things like the above. Better say nothing about awesomeness for this place or else!
 
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DeltaMD90
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State Of California Sues Delta Air Lines

Sat Dec 08, 2012 6:20 am

Quoting DocLightning (Reply 16):
"What's new?"
-Added a link to Delta's privacy policy

Does anyone ever read these things? Really, doesn't CA have anything better to do? I'm for consumer protection, but this all seems a bit silly.

In other words, if the solution is to "add a link to the privacy policy," the problem in question probably isn't a problem  
Ironically I have never flown a Delta MD-90 :)
 
FATFlyer
Posts: 4446
Joined: Fri May 18, 2001 4:12 am

State Of California Sues Delta Air Lines

Sat Dec 08, 2012 6:55 pm

Quoting DocLightning (Reply 16):
"What's new?"
-Added a link to Delta's privacy policy

I wondered above if access to the privacy policy was the issue.

Quoting FATFlyer (Reply 13):
This suit may be about the accessibility of Delta's privacy policy,

I'd be curious about the link placement to meet the visibility requirements. The link has to be visible to the consumer before someone starts inputting personal info. Some even go the additional step to make the privacy policy available before the app is downloaded.

California's online privacy law (in effect since 2004) followed California's first-in-the-nation consumer data breach disclosure law in 2002.

California's State Constitution is different than others (including the US) because it was amended in 1972 to specifically mention the right to privacy as an inalienable right. The term "privacy" appears 5 times in the California State Constitution.
"Travel is fatal to prejudice, bigotry, and narrow-mindedness." - Mark Twain

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