A California State Assembly Member has proposed legislation that would require online privacy policies to be no more than 100 words, be written in clear and concise language, be written at no greater than an 8th grade reading level, and to include a statement indicating whether the personally identifiable information may be sold or shared with others, and if so, how and with whom the information may be shared. California A.B. 242 was introduced by Assemblyman Ed Chau on February 6 and would amend the California Online Privacy Protection Act (Cal. Bus. and Prof. Code § 22575) with the new requirements. The bill has not yet been referred to a committee, but likely will be within the next few weeks. Assemblyman Chau was recently named Chair of the Assembly Select Committee on Privacy.
The amendments would not change the existing provisions of the statute, which requires operators of commercial websites that collect personal information to “conspicuously” post privacy policies detailing the categories of personal information collected.
Written by Bruce Sarkisian, Associate, Technology and Privacy Group | Alston & Bird LLP