Antitrust Law Daily Wrap Up, PRIVACY NEWS: New California law requires disclosure of response to “do not track” requests, (Oct 8, 2013)

By Thomas A. Long, J.D.

Operators of websites or online services that collect personally identifiable information about California consumers will be required to disclose how they respond to consumers’ “do not track” requests, under a bill signed by Governor Jerry Brown on September 27.

The measure (Chapter 390, Assembly Bill 370) requires operators to disclose whether other parties may collect personally identifiable information when a consumer uses the operator’s website or service.

Previously existing law (Section 22575 of the California Business and Professions Code) required a website or online service operator to conspicuously post a privacy policy and to comply with that policy. The privacy policy must identify the categories of personally identifiable information that the operator collects about individual consumers who use or visit its website or online service and third parties with whom the operator shares the information.

Assembly Bill 370 amends Section 22575 by adding a requirement for an operator to disclose how the operator responds to browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities. The measure provides that an operator may satisfy this requirement by providing a clear and conspicuous hyperlink in the operator’s privacy policy to an online location containing a description, including the effects, of any program or protocol the operator follows that offers the consumer that choice.

The bill also adds a requirement that an operator disclose whether other parties may collect personally identifiable information about an individual consumer’s online activities over time and across different websites when a consumer uses the operator’s site or service.

News: Privacy CaliforniaNews