New Mexico sues app makers over privacy concerns

ALBUQUERQUE, N.M. — 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 multi-milliondollar 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. The lawsuit accuses the defendants of violating these federal mandates.

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.

The company said it is "constantly working to improve the program."

Twitter said Tiny Lab was suspended from its Mopub platform a year ago for violating policies regarding child-directed 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.