With a little luck the company excludes sensitive by itsself and no new law a re required. In an augmented reality game that should not be that hard to implement.
It kind of worked for geocaching too. Groundspeak tightened the reigns on their players a bit. In Germany some areas require written permission of the owner.
BTW: Did they already catch people using GPS in simulator mode to hunt Pokémons? UAVs seem to be in use for the hunt.