On Friday, September 27, 2013, California Governor Edmund G. Brown signed Assembly Bill 370, a bill that amends the Business & Professions Code § 22575 to require an operator of a commercial Internet website or online service that collects personally identifiable information about consumers residing in California who use or visit its website or service to disclose how it responds to “do not track” signals or other mechanisms that provide consumers a choice regarding the collection of PII about the consumer’s online activities, and to disclose whether others may collect PII when a consumer uses the operator’s website or online service.
California Attorney General Kamala Harris has taken steps over the past two years to enforce Section 22575. This has included reaching agreements with platforms offering mobile apps to require compliant privacy policies for the mobile apps they offer to consumers on their platforms. With the heightened attention being given this statute, it should be expected that the new do not track disclosures will be enforced with similar vigor.
Click here to read a copy of the California Assembly Bill 370.
PII is individually identifiable information about a consumer collected online by the operator from that individual and maintained by the operator in an accessible form, including: (1) a first and last name; (2) a home or other physical address, including street name and name of a city or town; (3) an e-mail address; (4) a telephone number; (5) a social security number; (6) any other identifier that permits the physical or online contacting of a specific individual; or (7) information concerning a user that the website or online service collects online from the user and maintains in personally identifiable form in combination with an identifier described in Section 22577(a). Bus. & Prof. Code § 22577(a).
 The term “operator” does not include any third party that operates, hosts, or manages, but does not own, a website or online service on the owner's behalf or by processing information on behalf of the owner. Bus. & Prof. Code § 22577(c).