NM sues makers of kids’ mobile gaming apps
Data collection, sharing raise concerns about compromised personal privacy
New Mexico is suing Google, Twitter and other companies that develop and market mobile gaming apps for children, saying the apps violate state and federal laws by collecting personal information that could compromise privacy.
The lawsuit filed in federal court late Tuesday comes as data-sharing concerns persist among users.
Social media giant Facebook just weeks ago pulled one of its own apps over possible privacy intrusions and a recent Associated Press investigation revealed that several Google apps and websites store user location even if users have turned off location history.
New Mexico Attorney General Hector Balderas said he’s concerned given that the apps can track with such precision where children live, play and go to school.
“These multimillion-dollar tech companies partnering with app developers are taking advantage of New Mexican children, and the unacceptable risk of data breach and access from third parties who seek to exploit and harm our children will not be tolerated in New Mexico,” he said.
The lawsuit accuses advertising businesses run by Google, Twitter and three other companies, along with the app maker Tiny Lab Productions, of violating a law meant to keep private the personal data of children under 13.
The Children’s Online Privacy Protection Act adopted by Congress requires websites and online services to disclose what information they collect from children and how they use that information. That disclosure must also be provided directly to
parents and verified consent must be given.
Google said in a statement Wednesday that apps included in its family program must comply with stringent policies that address age-appropriate ads and privacy disclosures. The company also said those apps must comply with the federal law.
Twitter said Tiny Lab was suspended from its MoPub platform a year ago for violating policies regarding childdirected apps. That privacy policy does not permit MoPub Services to be used to collect information from apps directed to children under the age of 13 for purposes of personalized advertising.
On its website, Tiny Lab posted that the company is not violating federal laws because it asks for the birth date of the user to determine their age. If a user is under 13, none of the personal information is collected, it says. But the lawsuit argues that’s not enough.
Critics have said Google insists on tracking users because it can charge advertisers more if they want to narrow ad delivery to people who’ve visited certain locations.
New Mexico prosecutors said in the lawsuit that the defendants were aware of the violations yet have failed to take steps to cure the misconduct. They are seeking civil penalties and asking the court for a permanent injunction.