Senate Bill No. 849

Introduced by Senator Anderson

January 9, 2014

An act to amend Section 22575 of the Business and Professions Code, relating to consumers.

LEGISLATIVE COUNSEL’S DIGEST

SB 849, as introduced, Anderson. Consumers: Internet privacy.

Existing law requires an operator of a commercial Internet Web site or online service that collects personally identifiable information through the Internet about consumers residing in California who use or visit its commercial Internet Web site or online service to conspicuously post its privacy policy on its Internet Web site or online service and to comply with that policy. Existing law requires that the privacy policy specify how personally identifiable information is managed by the operator.

This bill would make nonsubstantive changes to this law.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 22575 of the Business and Professions
Code is amended to read:

22575.  

(a) An operator of a commercial Web site or online
service that collects personally identifiable information through
the Internet about individual consumers residing in California who
use or visit its commercial Web site or online service shall
conspicuously post its privacy policy on its Web site, or in the case
of an operator of an online service, make that policy available in
accordance with paragraph (5) of subdivision (b) of Section 22577.
An operator shall be in violation of this subdivision only if the
operator fails to post its policy within 30 days after being notified
of noncompliance.

(b) The privacy policy required by subdivision (a) shall do all
of the following:

(1) Identify the categories of personally identifiable information
that the operator collects through the Web site or online service
about individual consumers who use or visit its commercial Web
site or online service and the categories of third-party persons or
entities with whom the operator may share that personally
identifiable information.

(2) If the operator maintains a begin delete process end delete begin insert procedure end insert for an
individual consumer who uses or visits its commercial Web site
or online service to review and request changes to any of his or
her personally identifiable information that is collected through
the Web site or online service, provide a description of that begin delete process end delete
begin insert procedure end insert .

(3) Describe the begin delete process end delete begin insert procedure end insert by which the operator
notifies consumers who use or visit its commercial Web site or
online service of material changes to the operator’s privacy policy
for that Web site or online service.

(4) Identify its effective date.

(5) Disclose how the operator responds to Web browser “do not
track” signals or other mechanisms that provide consumers the
ability to exercise choice regarding the collection of personally
identifiable information about an individual consumer’s online
activities over time and across third-party Web sites or online
services, if the operator engages in that collection.

(6) Disclose whether other parties may collect personally
identifiable information about an individual consumer’s online
activities over time and across different Web sites when a consumer
uses the operator’s Web site or service.

(7) An operator may satisfy the requirement of paragraph (5)
by providing a clear and conspicuous hyperlink in the operator’s
privacy policy to an online location containing a description,
including the effects, of any program or protocol the operator
follows that offers the consumer that choice.