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Does a Business Violate the CCPA if it Does not Recognize, and Respond to, the Draft GPC Signal?

No.

A group of privacy advocates and privacy software companies has proposed an “unofficial” specification for how consumers might transmit, and how companies might receive, a global privacy opt-out signal that indicates an intention for information not to be sold.  As of 12 October 2020, the draft “Global Privacy Control specification” claims to have “no official standing of any kind and does not represent the support or consensus of any standards organization.”[1]  The draft specification further states that the “GPC signal” that it describes “is not intended to convey legally binding requests” for information not to be sold, but is, instead, intended “as [a] way to test effective protocols for communicating and complying with user requests to stop the sale or sharing of their personal information.” [2]

[1] Global Privacy Control Specification: Unofficial Draft 07 October 2020 available at https://globalprivacycontrol.github.io/gpc-spec/(last accessed 12 October 2020).

[2] Global Privacy Control Specification: Unofficial Draft 07 October 2020 available at https://globalprivacycontrol.github.io/gpc-spec/(last accessed 12 October 2020).

 

©2020 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume X, Number 304
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About this Author

David A. Zetoony Privacy Attorney Greenberg Traurig
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David Zetoony, Co-Chair of the firm's U.S. Data, Privacy and Cybersecurity Practice, focuses on helping businesses navigate data privacy and cyber security laws from a practical standpoint. David has helped hundreds of companies establish and maintain ongoing privacy and security programs, and he has defended corporate privacy and security practices in investigations initiated by the Federal Trade Commission, and other data privacy and security regulatory agencies around the world, as well as in class action litigation. 

David receives regular recognitions from clients and peers for...

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