Antitrust Law Daily Wrap Up, PRIVACY NEWS: California Attorney General releases privacy policy disclosure guide, (May 22, 2014)
By Greg Hammond, J.D.
California Attorney General Kamala D. Harris has issued a number of recommendations to help businesses comply with recent changes to the state’s privacy laws. The new guide, entitled “Making Your Privacy Practices Public,” offers companies a convenient resource to assist in the creation of transparent privacy policies for consumers.
The key recommendations that the guide sets forth include:
Readability. The AG recommends that companies use plain and straightforward language that avoids legal jargon. In addition, companies should use formats that make the privacy policy easily readable.
Online tracking. It is recommended that businesses create an easy to find section, describing the company’s online tracking policy by labeling it. Examples of clear labeling include: “How We Respond to Do Not Track Signals,” “Online Tracking,” and “California Do Not Track Disclosures.” The AG also suggested that businesses describe how they respond to a Do Not Track signal and state whether other entities or individuals are collecting a consumer’s personally identifiable information.
Data use and sharing. According to the guide, companies should explain their uses of personally identifiable information and should provide links to privacy policies for third parties with whom they share personally identifiable information.
Individual choice and access. Privacy policies should describe consumers’ choices with regard to the collection, use, and sharing of their personal information.
Accountability. The AG also suggested that privacy policies provide consumers with contact information for any questions or concerns they might have with the business’ privacy policies and practices.
“California has proven that robust and balanced privacy protections are consistent with a thriving innovation economy,” stated Harris in a press release. “This guide is a tool for businesses to create clear and transparent privacy policies that reflect the state’s privacy laws and allow consumers to make informed decisions.”
The guide was created in response to the business community’s frequent requests regarding privacy policy requirements. Consequently, the Privacy Enforcement and Protection Unit, which was created in 2012 by Harris, worked with various business sector stakeholders, academia, and privacy advocates in crafting the recommendations.
“Publication of Making Privacy Practices Public is an important step toward helping consumers understand what companies do with the data they collect about them,” stated Director of Privacy Project, Consumer Watchdog, John Simpson. “Too many privacy policies are incomprehensible legalese. The best practices spelled out by the California Attorney General if adopted by companies would put privacy policy statements in straightforward, understandable language.”
News: Privacy CaliforniaNews