Greta Garbo, as Grusinskaya in Grand Hotel, was famous for saying: “I want to be alone, I just want to be alone.” On Friday September 27, 2013, Governor Jerry Brown signed A.B. 370, which requires an operator of a website or online services that collects “personally identifiable information” to disclose how it responds to “do not track” signals. Companies operating commercial websites and online services will likely need to update their privacy policies to comply with new requirements in California as the result of the amendment of the California Online Privacy Protection Act (“CalOPPA”).
When the law comes into effect on January 1, 2014, companies will be required to include online information about how they respond to “do not track” signals, as well as other new information about their collection and use of personally identifiable information. More specifically, companies will need to disclose:
- How the company responds to “do not track” signals or other mechanisms that provide consumers the ability to exercise choice over the collection of personally identifiable information about their online activities over time and across third-party websites or online services, if the company collects such information; and
- Whether third parties may collect personally identifiable information about a consumer’s online activities over time and across different websites when a consumer uses the company’s website.