Once Again, California…on Privacy, Do Not Track

AG Kamala Harris Issues Guide on Privacy Policies/Do-Not-Track Disclosures

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In  a press release issued May 21, 2014, the Attorney General for California, Kamala Harris, issued a series of recommendations for businesses that address changes to California privacy law.  Key recommendations include:

  • Prominent labeling for sections dealing with online tracking, e.g., “California Do Not Track Disclosures”
  • Describe how you respond to a browser’s Do Not Track signal (or similar mechanisms)
  • Are third parties collecting personally identifiable information?  If yes, say so
  • Explain uses of personally identifiable information
  • Describe what you collect, how you use it, how long you retain it
  • Describe choices the consumer has regarding use/sharing of PII
  • Use plain language – use graphics/icons

The guide includes summaries of relevant CA statutes (CalOPPA, – broad requirement for privacy policies; AB 370 – tracking transparency).  And, while there are no new regulations or enforcement mechanisms provided in the “guide,” obviously, entities doing business in California, and those entities previously under scrutiny by the AG (e.g.,g Amazon, Apple, Facebook, etc.) will likely pay close attention to ensure compliance.    The guide is called, Making Your Privacy Practices Public  and you can see it at:

https://oag.ca.gov/sites/all/files/agweb/pdfs/cybersecurity/making_your_privacy_practices_public.pdf

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