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Pokémon Go Reminds Businesses to Protect Confidentiality, Trade Secret and Privileges by Elizabeth F. Collura, Attorney with Clark Hill’s Litigation Practice Group
The newest, hottest game, Pokémon Go, was downloaded more than 7.5 million times on iOS and Android phones in less than a week after its release. The free-to-download game is bringing in $1.6 million in daily revenue in Apple’s iOS store alone, based on in-app purchases. This augmented reality game is currently on the fast track to overtake social media apps in terms of amount of active users. In the early days of the game’s release, the game’s original standard terms and conditions gave the developer (Niantic) unfettered access to Google Drive. The access made device owners’ confidential information vulnerable. The original standard terms granted Niantic read and write permissions for documents stored on the user’s Google Drive, as well as access to Gmail and contact lists. The permissions also authorized Niantic to sell the information obtained through the accounts. Niantic has since rewritten the terms and conditions to grant only limited access to users’ Google account information, and Google is working on
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implementing the limitations. Even if this specific issue is resolved, the potential to broadly reach confidential information through an exciting game offering should remind businesses of the importance of reviewing internal confidentiality protocols and protecting confidential information. Businesses must be vigilant to protect confidential information, especially those businesses allowing employees to “BYO” electronic devices for work purposes or who allow employees to use work-issued devices for personal reasons. Broad permissions, such as those in the
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