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CA AG Releases Web Privacy Guidelines

By Cheryl Miller
June 02, 2014

Online companies in California should ' but are not required to ' clearly explain on their sites how they respond to a browser's do-not-track signals, according to privacy practice guidelines released on May 20 by Attorney General Kamala Harris.

The best practices report says that, while a direct do-not-track disclosure is “preferable,” website operators can opt instead to provide users with a link to a separate program that offers consumers a choice about online tracking.

The guidance, included in a 28-page report titled “Making Your Privacy Practices Public,” reflects the struggle pitting tech and e-retail industries, which have fought transparency mandates, against privacy groups seeking regulatory teeth. The same battle was fought over AB 370, Harris-sponsored legislation that started out in March 2013 as a bill simply requiring website operators to disclose whether they honor do-not-track signals. The bill that was eventually signed into law ' and went into effect in January ' permits an operator to meet that requirement by linking to a site giving consumers online tracking options.

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