CalOPPA represents the first piece of legislation directly addressing the concept of do-not-track, but the White House, the FTC, and self-regulatory groups have all indicated increasing interest in this area. Additionally, out-of-state entities may be subject to CalOPPA’s requirements if they collect covered data from California residents. Attorney General Harris has made efforts to enforce the statute through California’s Unfair Competition Law, but it generally remains to be seen how the law may be interpreted by courts. As privacy enforcement appears likely to continue, businesses should carefully review the recommendations as well as their privacy policies and practices to ensure compliance and safeguard consumer data.
If you have any questions or would like more information on the issues discussed in this LawFlash, please contact any of the following Morgan Lewis lawyers:Del-Sesto-Ronald
1 The Online Privacy Protection Act of 2003, Cal. Bus & Prof. Code § 22575 et. seq. (2004).
3 In addition, effective January 1, 2015, the law will prohibit certain online marketing or advertising to minors (i.e., those under 18) and will generally require operators to honor requests by minors who are registered users to remove content posted by the minor.