People ex rel. Harris v. Delta Air Lines, Inc.

The federal Airline Deregulation Act preempts California’s Online Privacy Protection Act, so Delta Airlines does not have to comply with the latter in constructing its mobile phone app.  The Airline Deregulation Act preempts California’s Online Privacy Protection Act (B&P Code 22575-22579) insofar as that act would otherwise apply to airlines.  The act requires operators of online services to create and prominently post their privacy policy concerning collection and use of personally identifiable information.  As applied to Delta’s mobile phone app which can be used to book and confirm flights and order other airline services, the act is preempted by 49 USC 40101(a)(6) which bans state or local laws governing airline rates, routes or services.  The privacy act directly impacts the services that Delta can provide through its mobile app, and complying with 50 differing state laws on the subject would substantially interfere with Delta’s ability to provide its air line services.

California Court of Appeal, First District, Division 3 (Jenkins, J.); May 25, 2016; 2016 WL 3001805

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