What are the New Guidelines for CalOPPA?
Key recommendations from the guide include:
• Prominently label the section of your policy regarding online tracking, for example: “California Do Not Track Disclosures.”
• Describe how you respond to a browser’s DNT signal or similar mechanisms within your privacy policy instead of providing a link to another website.
• If third parties are or may be collecting personally identifiable information, say so in your privacy policy.
• Explain your uses of personally identifiable information beyond what is necessary for fulfilling a customer transaction or for the basic functionality of the website or app.
• Describe what personally identifiable information you collect from users, how you use it and how long you retain it.
• Describe the choices a consumer has regarding the collection, use and sharing of his or her personal information.
• Use plain, straightforward language that avoids legal jargon and use a format that makes the policy readable, such as a layered format. Use graphics or icons instead of text.
CalOPPA applies to all companies that collect information from California residents, whether the company’s base of operations is in California or not.
The DNT issue is at the center of a long standing debate that stems in part from the lack of a standardized definition of “Do Not Track.”
For more information, see here: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=22575
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