September 27th, 2013

California mandates ‘delete button’ and restricts certain online advertising to minors

By Julie O'Neill and Patrick J. Bernhardt
Morrison & Foerster LLP News

Right on the heels of game-changing revisions to the federal rule implementing the Children’s Online Privacy Protection Act, and almost immediately following another change to the California Online Privacy Protection Act (“CalOPPA”)1 regarding Do Not Track disclosures, California has passed a law that further complicates the landscape for companies’ online interactions with children: On September 23, 2013, the state amended CalOPPA to include a section titled “Privacy Rights for California Minors in the Digital World.”

Most significant, the revised law will require an online company to permit a registered user who is under 18 to remove content that he or she has posted to the company’s website or app. The law will also prohibit online companies from advertising “adult” products to minors and from collecting, using or disclosing minors’ personal information for such advertising – or allowing others to do so. With these revisions, CalOPPA moves from being purely a disclosure law to actually imposing substantive requirements on certain companies that do business online.

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