California Governor Jerry Brown Signs "Do Not Track" Disclosure Bill


[co-author: Drew Wisniewski]

Governor Jerry Brown signed California Assembly Bill 370 (“A.B. 370”), an amendment to the California Online Privacy Protection Act (“CalOPPA”), into law on Friday, September 27. As previously reported here, A.B. 370 requires an operator of a Web site or online service that collects “personally identifiable information” to disclose how it responds to “do not track” signals. Attorney General Kamala Harris applauded Brown for signing the bill, which she sponsored.   Harris said in a statement that “AB 370 makes the invisible practice of online tracking more transparent to consumers, and I applaud the Governor for signing this important bill.” Under CalOPPA, an operator has 30 days to comply with the posting and disclosure requirements after receiving notice of noncompliance. Failure to comply with the CalOPPA requirements or the provisions of the posted privacy policy, if knowing and willful, or negligent and material, is actionable under California’s Unfair Competition Law and may result in penalties of up to $2,500 for each violation.

The Governor also signed another privacy bill into law on September 23. Senate Bill 568 (“S.B. 568”) will take effect on January 1, 2015. As previously reported here as well, S.B. 568 will require an operator of a Web site, online service, online application, or mobile application to permit a minor to remove, or to request and obtain removal of, content or information posted online. It requires that the operator provide notice to a minor that the minor may remove the content or information. Additionally, the bill prohibits the operator of any Web site, online service, online application, or mobile application from marketing or advertising products or services to a minor that a minor cannot legally purchase, and collecting a minor’s information. 

Both bills passed the Senate and Assembly with unanimous support earlier this year. 


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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