Apple DPLA Updates 6/4/18

Apple released an updated version of their Developer Program License Agreement “DPLA” last night (6/4/18). The most interesting changes are the ones that reflect what’s on the mind of Silicon Valley execs. Based on this latest DPLA, privacy is certainly front of mind for Apple’s leadership post-Cambridge Analytica, and a lot of the changes seem intended to create additional disclosure and protections around how end user data is used. Tim Cook doesn’t want to end up testifying in front of Elizabeth Warren.

• Apple placed a bunch of additional user protections in this latest draft, making it clear that any app that captures image, video, or audio needs to make it clear to the user that they’re capturing it. Whether it’s saved to the cloud or on the device. If you previously obtained consent to capture data and decide to expand what you capture, you will need to go back to the user for additional consent. Also, no more linking to your privacy policy; it needs to live in the App description.

• They also expanded the definition of Face Data. I suspect that we’ll see lots of tweaks to this language over time. Apple is likely still trying to figure out how to manage this data contractually since (i) we’re only at the very beginning of figuring out what facial recognition can do, and (ii) people get really touchy when you say you’re going to make a digital map of their grill

• There are additional clarifications and obligations regarding health records, location, and other categories of data that tend to be more sensitive.

Unrelated to privacy concerns, they’re pushing Apple Pay Cash – looks like Apple is trying to make a real business out of it. They’re also trying to maintain a fair and safe environment. No deceiving customers or unfairly competing with other developers. The management of competition between developers is interesting. Does that extend to the companies they represent? Is Apple in a position to manage the competitive landscape of industries. Probably not.

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