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October 21st, 2013
California Amends Its Online Privacy Protection Act
Last month California introduced two amendments to the state's privacy law, the California Online Privacy Protection Act. The amendments establish new requirements for operators of websites, online services and mobile apps that collect personal information about California residents.
California Assembly Bill 370 amends Section 22575 of CalOPPA to require operators of commercial websites or online services to disclose in their privacy policies how they respond to "Do Not Track" signals. The website privacy policy must also disclose whether or not third parties can collect personally identifiable information (PII) for online behavioral advertising purposes while the consumer is using the website or online service. While the amendments do not stop website and online service operators from allowing online behavioral advertising, they mark the first time a state has imposed disclosure requirements on this type of tracking behavior. The amendment will go into effect on January 1, 2014.
On September 23, 2013, Governor Jerry Brown signed Senate Bill 568, which adds a new section to CalOPPA entitled "Privacy Rights for California Minors in the Digital World." Effective on January 1, 2015, the new section prohibits operators of an Internet website, online service, online application or mobile application directed to California minors under the age of 18 from marketing or advertising certain listed products or services on their sites or apps. The amendment contains a list of 19 prohibited products and services, including alcohol, tobacco products, firearms, "dangerous fireworks," ultraviolet tanning device services, and aerosol paint containers "capable of defacing property." Additionally, the amendment requires operators to instruct minors on how to remove content they have posted to the site or app, and permit minors to remove or request and obtain the removal of such content. The law does provide exceptions for content or information posted by a third-party and not the minor directly, or where (i) state or federal law requires the operator to maintain the content, or (ii) the operator anonymizes the content.
For more information about this legislation and the steps website and online service operators will need to take to comply, please contact Greg Boyd at (212) 826 5581 or gboyd@fkks.com, Claudine Wilson at (212) 705 4842 or cwilson@fkks.com, or any other member of the Frankfurt Kurnit Advertising Group.
Other Privacy & Data Security Law Alerts
Washington “My Health My Data” Act Dramatically Alters Health Data Compliance Landscape
Washington State’s My Health My Data Act (“the Act”) introduces a sweeping set of obligations for nearly all entities that do business in the state and that handle “consumer health data,” a broad new class of health-related data separate from that regulated by the federal Health Insurance Portability and Accountability Act (“HIPAA”). Read more.
April 24 2023
CPRA Regs: 8 New Obligations You Need to Know
On February 14, the CPPA, California’s new privacy regulatory agency, filed the first part of its proposed final CPRA Regs with California’s Office of Administrative Law (OAL). Read more.
February 21 2023
Privacy Considerations for 2023
2023 is around the corner. As a refresher, on January 1, 2023, two new comprehensive privacy laws – the California Privacy Rights Act (“CPRA”) and the Virginia Consumer Data Protection Act (“VCDPA”) – take effect. Read more.
December 6 2022
