New Year, New Law: Complying with New "Do Not Track" Online Privacy Laws in 2014
The new do-not-track provisions of Section 22575 reflect increased federal and state concern over online behavioral advertising, which may run afoul of Federal Trade Commission (FTC) prohibitions against unfair and deceptive trade practice in addition to state privacy laws. Online behavioral advertising is the practice of serving targeted advertisements to consumers by tracking their online activity over time and across multiple websites or applications. The FTC has advised that website operators and advertisers who use online behavioral advertising provide consumers with notice and choice regarding the tracking and use of online behavior. To exercise choice, consumers can use browser do-not-track signals and similar mechanisms to prevent the tracking of their online activity.
Operators that collect personally-identifiable information from California residents who use or access the operators' websites, services, or applications have until the end of 2013 to create or update their privacy policies to comply with the new law. Businesses and individuals affected by these requirements may consider engaging legal counsel to assist in developing necessary response protocols and complying with existing and newly-enacted federal and state laws.
For further information regarding privacy and security concerns involving collecting, processing, disclosing, and storing consumer data via the Internet, social networking sites, and mobile devices, please contact the attorney with whom you work or Yvonne Tingleaf at 503-796-2902 or firstname.lastname@example.org or Alexandra Bodnar at 503-796-2408 or email@example.com.