AB 566: California Consumer Privacy Act of 2018: opt-out preference signal.

The California Consumer Privacy Act of 2018 (CCPA) grants a consumer various rights with respect to personal information that is collected or sold by a business, as defined, including the right to direct a business that sells or shares personal information about the consumer to third parties not to sell or share the consumers personal information, as specified. The California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA and establishes the California Privacy Protection Agency and vests the agency with full administrative power, authority, and jurisdiction to enforce the CCPA.

This bill would, beginning January 1, 2027, prohibit a business from developing or maintaining a browser, as defined, that does not include functionality configurable by a consumer that enables the browser to send an opt-out preference signal, as defined, to businesses with which the consumer interacts through the browser, as prescribed. The bill would require a business that develops or maintains a browser to make clear to a consumer in its public disclosures how the opt-out preference signal works and the intended effect of the opt-out preference signal. The bill would grant a business that develops or maintains a browser that includes this functionality immunity from liability for a violation of those provisions by a business that receives the opt-out preference signal. The bill would authorize the agency to adopt regulations as necessary to implement and administer those provisions.

This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.