The NAI Submits Preliminary Comments Re: CA Notices & Disclosures and Employee Data

On May 20, the NAI submitted comments in response to CalPrivacy’s Invitation for Preliminary Comments on Notices & Disclosures and Employee Data. In summary, the NAI recommends that CalPrivacy should:

1. Issue a voluntary model Notice at Collection as a regulatory safe harbor for the form of the disclosure.
2. Add illustrative examples to the regulations covering disclosure scenarios where the operational gap between principle and disclosure is widest, including (a) categories of third parties in programmatic advertising, (b) retention periods and criteria, and (c) opt-out preference signal display and probabilistic linkage scenarios.
3. Issue an illustrative example on the website / services two-policy disclosure structure common on business-to-business advertising technology websites.
4. Add a nonexclusive regulatory example for notice on interfaces that do not support traditional webpage-based notices, including connected televisions, over-the-top streaming services, and gaming consoles.
5. Clarify in regulation that businesses should not present additional links, referrals, or other disclosures in a manner reasonably likely to confuse or mislead consumers about how to exercise their CCPA rights.
6. Establish a voluntary Alternative Notice Link modeled on the existing Alternative Opt-out Link.
7. Recognize IP-based location estimation as a permissible basis for delivering state-tailored privacy notices at initial notice presentation.
8. Take a risk-based approach on vendor oversight in the employee data context.

Read the full comments here: