A recently signed California law requires website operators that collect tracking information from California residents to include a disclosure in their privacy policies regarding how their websites respond to “Do Not Track” mechanisms.
California Governor Jerry Brown recently signed into law a bill that requires operators of websites, including mobile applications, to disclose in their privacy policies how they respond to “Do Not Track” mechanisms in web browsers. The law, which applies to companies located both in and outside of California that track California consumers, amends the California Online Privacy Protection Act (“CalOPPA”), and website owners have until January 1, 2014 to comply with the new requirements.
Summary of Changes to CalOPPA
Failure to comply with the new requirements could result in fines of $2,500 per violation. With respect to mobile applications, the California Attorney General has indicated that each download of a mobile application that does not comply with the new requirements constitutes a violation and can trigger the fine.
Best Practices for Compliance
As part of updating its privacy policies to comply with the new Do Not Track requirements of CalOPPA, website owners and operators should undertake the following best practices:
A full copy of Assembly Bill 370 is available here: http://bit.ly/11kxb4o.
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Peter I. Sanborn
Chanley T. Howell