California Attorney General’s Guide On CalOPPA

Keywords: Americas; Privacy & Security; Business & Technology Sourcing.

The amendment to the California Online Privacy Protection Act (CalOPPA) that established the state's "do not track" disclosure requirements became effective on January 1, 2014. It requires web site privacy policies to include certain do not track disclosures. However, because do not track is not a finalized standard, and it is unclear what even qualifies as a do not track signal under CalOPPA, compliance has been a challenge.

In an effort to resolve this uncertainty, the California Attorney General recently released a guide titled Making Your Privacy Practices Public (the Guide). The Guide provides long-awaited guidance on how to comply with the CalOPPA do not track requirements, among other recommendations. The following is a summary of some of the recommendations that go beyond what is actually required by CalOPPA.