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October 21st, 2013
California Amends Its Online Privacy Protection Act
Last month California introduced two amendments to the state's privacy law, the California Online Privacy Protection Act. The amendments establish new requirements for operators of websites, online services and mobile apps that collect personal information about California residents.
On September 23, 2013, Governor Jerry Brown signed Senate Bill 568, which adds a new section to CalOPPA entitled "Privacy Rights for California Minors in the Digital World." Effective on January 1, 2015, the new section prohibits operators of an Internet website, online service, online application or mobile application directed to California minors under the age of 18 from marketing or advertising certain listed products or services on their sites or apps. The amendment contains a list of 19 prohibited products and services, including alcohol, tobacco products, firearms, "dangerous fireworks," ultraviolet tanning device services, and aerosol paint containers "capable of defacing property." Additionally, the amendment requires operators to instruct minors on how to remove content they have posted to the site or app, and permit minors to remove or request and obtain the removal of such content. The law does provide exceptions for content or information posted by a third-party and not the minor directly, or where (i) state or federal law requires the operator to maintain the content, or (ii) the operator anonymizes the content.
For more information about this legislation and the steps website and online service operators will need to take to comply, please contact Greg Boyd at (212) 826 5581 or firstname.lastname@example.org, Claudine Wilson at (212) 705 4842 or email@example.com, or any other member of the Frankfurt Kurnit Advertising Group.
Other Privacy & Data Security Law Alerts
No Harm, No Foul: Court Dismisses Biometric Data Privacy Class Action Against NBA 2K Games
Biometric data — from, e.g., retina, face and fingerprint scans — plays a big role in the current wave of new technology services. For example, biometrics provide security features for financial and healthcare products. But companies using or thinking of using biometric data have to comply with myriad privacy and data security laws and regulations, or face potential enforcement action and litigation.
February 16 2017
FTC Hits Targeting Platform Turn Inc. for Deceptive Online Tracking
On Tuesday, December 20, the FTC announced a settlement with digital marketing platform Turn Inc. over claims that the company deceptively tracked users across the Internet for advertising purposes.
December 22 2016
FCC Adopts Broadband Consumer Privacy Rules
On October 27, 2016, the Federal Communications Commission (FCC) adopted an Order requiring broadband Internet service providers and all other telecommunications carriers providing telecommunications services to take greater steps to protect the privacy of their customers, including current and former subscribers and new applicants. Here's a summary of the key obligations imposed on carriers:
November 22 2016