By: Jonathan D. Jaffe, Jeremy M. McLaughlin
California Attorney General Kamala Harris recently issued guidance to help companies provide more “meaningful” privacy policies. Entitled “Making Your Privacy Practices Public,” the recommendations consolidate previously issued guidance and provide new information regarding online tracking and Do Not Track (DNT) signals. As the guidance document indicates, the recommendations “are not regulations, mandates or legal opinions” and offer greater protections than those required under existing law. Clearly, though, they reflect the attorney general’s preferences and what she believes are privacy best practices.
The California Attorney General’s office has been at the forefront of enforcing privacy laws, including filing suit against Delta Airlines for alleged CalOPPA violations. Moreover, the White House and the FTC have indicated interest in this area. Because enforcement of privacy laws ─ including Do Not Track laws ─ is a sure bet, businesses should consider adopting these best practices, if for no other reason than to divert regulatory scrutiny.