FPF Addresses ‘Opt-Out Preference Signals’ in Comments on California Draft Privacy Regulations

Yesterday, the Future of Privacy Forum (FPF) filed comments with the California Privacy Protection Agency regarding the Agency’s initial set of draft regulations to implement the California Privacy Rights Act amendments to the California Consumer Privacy Act.

FPF’s comments are directed towards ensuring that both individuals and businesses have clarity for the implementation and exercise of consumer rights through an emerging class of privacy tools known as ‘opt-out preference signals.’

Specifically, FPF recommended that the Agency’s final regulations governing preference signals and the mechanisms that transmit signals (such as web browsers and plug-ins) include the following clarifications:

1. Resolve questions for the exercise of opt-out signals directed to websites while encouraging innovation in privacy controls for emerging digital and physical contexts.
2. Clarify business disclosures in response to signals to ensure that individuals have access to relevant information about the exercise of their privacy rights.
3. Encourage the development of signal mechanisms that allow consumers to exercise granular control of their privacy rights with respect to specific businesses.
4. Ensure that the use of preference signals objectively represents an individual’s intent to invoke their privacy rights.
5. Establish a multistakeholder process for ongoing Agency approval and review of preference signals and signal mechanisms.