AB 370, as amended, Muratsuchi. Consumers: online tracking.
This bill would require an operator to disclose whether or not it honors a request from a consumer to disable online tracking, as defined, of the consumer who visits or uses its commercial Web site or online
service. The bill would also require an operator to disclose if it
begin delete does not allowend delete 3rd parties to conduct online tracking on the commercial Web site or online service.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 22575 of the Business and Professions
2Code is amended to read:
(a) An operator of a commercial Web site or online
4service that collects personally identifiable information through
5the Internet about individual consumers residing in California who
6use or visit its commercial Web site or online service shall
8of an operator of an online service, make that policy available in
9accordance with paragraph (5) of subdivision (b) of Section 22577.
10An operator shall be in violation of this subdivision only if the
11operator fails to post its policy within 30 days after being notified
14of the following:
15(1) Identify the categories of personally identifiable information
16that the operator collects through the Web site or online service
17about individual consumers who use or visit its commercial Web
18site or online service and the categories of third-party persons or
19entities with whom the operator may share that personally
21(2) Disclose whether or not the operator honors or complies
22with a Web browser’s signal or other similar mechanism that
23indicates a request to disable online tracking of the individual
24consumer who uses or visits its commercial Web site or online
25service, or, if the operator does not allow third parties to conduct
26online tracking on the Web site or service, to disclose that fact.
28 27(3)end delete
28 If the operator maintains a process for an individual
29consumer who uses or visits its commercial Web site or online
30service to review and request changes to any of his or her
31personally identifiable information that is collected through the
32Web site or online service, provide a description of that process.
4 33(4)end delete
34 Describe the process by which the operator notifies
35consumers who use or visit its commercial Web site or online
2that Web site or online service.
9 3(5)end delete
4 Identify its effective date.
Section 22577 of the Business and Professions Code
20 is amended to read:
For the purposes of this chapter, the following
23(a) The term “personally identifiable information” means
24individually identifiable information about an individual consumer
25collected online by the operator from that individual and
26maintained by the operator in an accessible form, including any
27of the following:
28(1) A first and last name.
29(2) A home or other physical address, including street name and
30name of a city or town.
31(3) An e-mail address.
32(4) A telephone number.
33(5) A social security number.
34(6) Any other identifier that permits the physical or online
35contacting of a specific individual.
36(7) Information concerning a user that the Web site or online
37service collects online from the user and maintains in personally
38identifiable form in combination with an identifier described in
P4 1(b) The term “conspicuously post” with respect to a privacy
4(1) A Web page on which the actual
5the Web page is the homepage or first significant page after
6entering the Web site.
7(2) An icon that hyperlinks to a Web page on which the actual
9the first significant page after entering the Web site, and if the icon
10contains the word “privacy.” The icon shall also use a color that
11contrasts with the background color of the Web page or is
13(3) A text link that hyperlinks to a Web page on which the actual
15or first significant page after entering the Web site, and if the text
16link does one of the following:
17(A) Includes the word “privacy.”
18(B) Is written in capital letters equal to or greater in size than
19the surrounding text.
20(C) Is written in larger type than the surrounding text, or in
21contrasting type, font, or color to the surrounding text of the same
22size, or set off from the surrounding text of the same size by
23symbols or other marks that call attention to the language.
24(4) Any other functional hyperlink that is so displayed that a
25reasonable person would notice it.
26(5) In the case of an online service, any other reasonably
28consumers of the online service.
29(c) The term “operator” means any person or entity that owns
30a Web site located on the Internet or an online service that collects
31and maintains personally identifiable information from a consumer
32residing in California who uses or visits the Web site or online
33service if the Web site or online service is operated for commercial
34purposes. It does not include any third party that operates, hosts,
35or manages, but does not own, a Web site or online service on the
36owner’s behalf or by processing information on behalf of the
38(d) The term “consumer” means any individual who seeks or
39acquires, by purchase or lease, any goods, services, money, or
40credit for personal, family, or household purposes.
P5 1(e) The term “online tracking” means the practice of collecting
2personally identifiable information about an individual consumer’s
3online activities over time and across different Web sites and online
begin delete services.end delete