The New Internet $2,500 Traffic Ticket
The personally identifiable information includes but is not limited to a person’s name, email address, physical address, phone number or any other identifier that allows communication with an individual.
The new law A.B. 370
As well as the above requirements, the new law will require online operators to do the following:
- Disclose how they respond to Web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice about the collection of personally identifiable information concerning an individual consumer’s online activities overtime and across third-party websites or online services, if the operator engages in that collection.
- Disclose whether other parties may collect personally identifiable information about an individual consumer’s online activities overtime and across different websites when a consumer uses the operator’s website or service.
- Require website owners, blog owners and online operators to disclose when they subscribe to companies that follow users’ actions across various websites, to provide targeted ads (e.g., Google’s Adsense Program, Facebook’s Advertising Program and many others.
What if I am not in California?
The new California law has a very long arm. This law will apply to any website owner, blog owner and online operator who collect any of the above information, even if they are in ANOTHER STATE. This also applies to mobile devices, including mobile apps.
What if I don’t comply with the new law?
Should California decide to enforce the law in a broader sense, a simple IP address could be covered by the new law. Because of this, attorneys are recommending that most websites revise their privacy policies to comply with the law in its broadest sense rather than live with the doubt of uncertainty about whether they are compliant or not.
California is the first state in the United States to pass a do-not-track disclosure law that can potentially affect website owners, blog owners and mobile app providers in all states.
All website owners, blog owners and mobile app developers whose services can be used or accessed by California residents need to review and update their privacy statements to make sure they include the required legal disclosures to comply with the new California law that took effect January 1, 2014.