California Proposes Rule to Require Browsers to Provide Privacy Opt-out Controls

In the past couple of years, many states have passed comprehensive consumer privacy laws giving their citizens certain rights over their “personal information,” and requiring companies to honor those rights and meet certain standards of privacy protection. One emerging trend: requiring website operators to honor a browser setting that allows “universal opt-out," i.e., a one-click setting that instructs website operators not to use data for specific purposes such as targeted advertising. Now, California proposes to address the other side of this equation and require that browsers be equipped with such a setting.  

Why It Matters

Many website operators have implemented recognition for Global Privacy Control (GPC) or a similar universal opt-out in response to recent state privacy laws.  There is currently, however, no law that requires browser providers to equip their browsers with such a setting.  Thus, a user who uses a mainstream browser might not have the opportunity to switch on GPC, even on a website that honors the setting.  The proposed California law would close that gap, by making both the browser and the website able to implement technologies like GPC. This would likely also drive more opt-out requests from consumers, which could change the dynamics of online advertising.   

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