• Skip to primary navigation
  • Skip to main content
McKenna Storer

McKenna Storer

AV Rated Chicago Law Firm

  • Home
  • Insurance
    • Insurance Defense
    • Toxic Tort and Mass Tort Litigation
    • Construction Law
    • Commercial Transportation Law
    • Insurance Coverage
    • Professional Malpractice Defense
    • Medical Malpractice Defense
    • Legal Malpractice Defense
    • Appellate Practice
  • Business
    • Corporate Law & Commercial Litigation
    • Litigation Defense
    • SBA Lending
    • Commercial Real Estate
    • Appellate Practice
    • Health Care Law
    • Business Formation
    • Data Privacy and Cyber Liability
    • Employment Law
    • Employment Litigation
    • Workplace Harassment
  • Individual
    • Estate Planning
    • Wills and Trusts
    • Real Estate
    • Mediation Services
  • Banking Law
  • Our Attorneys
  • Our Firm
  • Blog
  • Contact Us
    • Chicago Office
    • Woodstock Office
  • Show Search
Hide Search

Privacy Law Alert: Players Might Be Giving Up Personal Data While Pursuing Pokemon Go Characters

mckenna · July 19, 2016 ·

Pursuing Pokemon Go Characters

If you walked down the street during the past week, you probably saw more people than usual staring at their phones trying to “catch” Pokemon characters. An estimated 7.5 million people have downloaded the Pokemon Go mobile app since its launch during the first week of July.

Pokemon was a huge hit in the 1990s with multiple video games, card games and television shows. In the early part of July, the franchise has made a comeback with Pokemon Go. This augmented reality mobile app, developed by Niantic, uses a phone’s GPS and clock to detect a user’s location to make Pokemon characters “appear” in the person’s surroundings on a mobile phone screen. The successful player can then “catch” the characters. The mobile app is available as a free download.

A game that could threaten a player’s privacy

Through its enormous popularity, Pokemon Go has come under increased scrutiny and criticism about its privacy practices. A review of Pokemon Go’s initial privacy policy indicates that Niantic was authorized to collect user data that included:

  • Email address
  • IP address
  • The web page a user visited prior to logging into Pokemon Go
  • The username and a user’s location

Additionally, if a Google account was used to sign-in on an iOS device, Niantic had access to the user’s entire Google account including read and write access to a user’s email and Google Drive documents.

The game goes on, but Pokemon becomes less intrusive

The game’s privacy policy allowed sharing of this information with third-parties and law enforcement agencies which is usually standard with location-based mobile apps. It was the full access to a player’s Google accounts that critics described as unprecedented and unnecessary.

Following reporting on its privacy policy, Niantic acknowledged that this level of account access was unnecessary and blamed a “coding error” for it. The company has since stated that the settings will be modified to collect only a user’s unique player ID and email address.

Companies can learn a lesson from Pokemon Go about privacy

Besides collecting Pokemon characters, there is more to be learned from playing the game.
The privacy controversy is instructive in a couple of ways. First, it highlights the importance of privacy-by-design when creating a product.

A product’s design team should always consider privacy issues and even consult privacy counsel prior to the launch of a product. Pokemon Go has had an incredibly successful launch, but bad publicity from negative reporting on its privacy policy could halt its momentum as potential users question the developer’s commitment to privacy and protection of personal information.

Additionally, companies should limit access and collection of information to that which is necessary for its business purposes. Reputational harm and increased risk of legal liability can result from the unnecessary collection and storage of personal information.

As seen here, it took only a few days for the Pokemon Go frenzy to be the subject of reporting by the major media outlets, but for the wrong reasons. Instead of reporting about users catching Pokemon characters, the reports focused on the amount of data the developers were catching from users thanks to the game’s privacy policy.

If you have questions regarding cyber liability, data privacy or privacy policies, please contact Tim Hayes at McKenna Storer.

Privacy and Data Security Litigation

About mckenna

McKenna Storer is a corporate law firm that provides a full spectrum of legal services for businesses and individuals. More than half of our lawyers have received positive peer review ratings from Martindale Hubbell, including 10 individual Preeminent AV ratings.
McKenna Storer has been serving its clients for more than 66 years. We are open and available for consultations at both our Chicago and Woodstock locations. Please follow us on or our LinkedIn, Twitter or Facebook pages.

Chicago Office
McKenna, Storer
33 N. LaSalle, Suite 1400
Chicago, Illinois 60602
312.558.3900
312.558.8348
Mo,Tu,We,Th,Fr 8:30 am – 5:00 pm
Woodstock Office
McKenna, Storer
1060 Lake Avenue
Woodstock, Illinois 60098
815.334.9690
815.334.9697
Mo,Tu,We,Th 8:30 am – 5:00 pm

  • Home
  • Insurance
  • Business
  • Individual
  • Banking Law
  • Our Attorneys
  • Our Firm
  • Blog
  • Contact Us