Last month California introduced two amendments to the state's privacy law, the California Online Privacy Protection Act (CalOPPA). The amendments establish new requirements for operators of websites, online services and mobile apps that collect personal information about California residents. The amendments apply not only to California-based operators, but to operators outside of California as well. Here's a brief rundown of what you need to know.
- 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.
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