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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
iOS 15 Brings New Privacy Controls That Will Impact Advertising Initiatives
After months in beta, Apple is releasing iOS 15 to the public. Building upon the Privacy Nutrition Labels and App Tracking Transparency (ATT) framework introduced in iOS 14.5, iOS 15 introduces new privacy controls that will impact brand marketing initiatives and the ad tech ecosystem. Although these controls are not an iOS 14.5-caliber seismic event, they are yet another example of how platform providers have become de facto regulators of privacy. Read more.
September 20 2021
New York City Restricts Collection of Biometric Identifiers
Major US municipalities are lining up to regulate business use of technologies to collect biometric identifiers and information. For example, Portland, Oregon, banned the use of face recognition technologies earlier this year. Now, New York City businesses must comply with a new law too: Effective July 9, 2021, any commercial establishment in New York City that collects, retains, converts, stores or shares biometric identifier information of customers must disclose such activity using clear and conspicuous signage near all customer entrances. Read more.
July 7 2021
Business Takeaways from the FTC $5 Billion Settlement with Facebook
On July 24, 2019, the FTC announced a $5 billion settlement with Facebook to address Facebook’s alleged violations of the FTC Act and its 2012 consent order with the FTC. Read more.
July 26 2019