California’s attorney general Rob Bonta is getting tougher on privacy enforcement when it comes to use of a controversial tool enablin

California’s attorney general backs call for Global Privacy Control adoption with fresh enforcement letters to companies

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2021-07-16 15:00:10

California’s attorney general Rob Bonta is getting tougher on privacy enforcement when it comes to use of a controversial tool enabling universal opt-out from data collection.

AG Bonta’s office confirmed June 14 that companies are required to honor the Global Privacy Control (GPC) tool as a mechanism for people to opt out from data collection under the California Consumer Privacy Act. And enforcement letters sent by his office to several companies this month reinforce that message.

In the past two weeks, the AG’s office sent at least 10 and possibly more than 20 companies letters that call on them to honor the GPC, according to four lawyers with clients in the digital publishing and advertising industry.

“We all have clients who got some [letters],” said Alysa Hutnik, partner and chair of the privacy and security practice at law firm Kelley Drye and Warren, speaking on behalf of a small group of lawyers she communicates with regarding privacy regulations.

“[The letters] are implying that companies must follow the GPC signal,” said another lawyer who spoke on condition of anonymity. Despite previous doubt among some ad firms, some of the new letters make it clear that the use of data passed among third-parties for behavioral advertising is indeed a data sale under the CCPA in the eyes of the state’s attorney general, according to the lawyers.