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New Online Tracking Guidelines from California’s Attorney General

In recently released guidelines, entitled “Making Your Privacy Practices Public,” California’s Attorney General Kamala D. Harris outlined recommendations for businesses to comply with recent changes to the state’s privacy law. Attorney General Harris, who has been very active on the privacy front, stated, “This guide is a tool for businesses to create clear and transparent privacy policies that reflect the state’s privacy laws and allow consumers to make informed decisions.” Recommendations include labeling online tracking policies on websites; informing consumers of third-parties that have access to their data; and describing the choices a consumer has regarding the collection, use and sharing of his or her personal information.

While these recommendations are voluntary, they provide guidance for companies trying to interpret the California law requiring sites to prominently disclose all their privacy practices, including how they respond to “do not track” requests.  

As part of several coalitions, ANA worked to improve AB 370, which established the new standards, by making it easier for the industry successfully implement these provisions.

The Digital Advertising Alliance (DAA) – a self-regulatory program for online behavioral advertising – has already established a well-respected “Do Not Track” program. ANA is a founding member of the DAA and has consistently supported providing consumers with the ability to opt out of receiving interest based ads across media platforms. DAA’s program has been very successful and many consumers have already used these resources to “opt-out” of behavioral ads. We believe the DAA’s self-regulatory measures meet the goals of Attorney General Harris for companies making their privacy practices public.  

If you have any questions, please contact Dan Jaffe (djaffe@ana.net) or Keith Scarborough (kscarborough@ana.net) in ANA’s Washington, DC office at 202.296.1883.

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