Vedder Price

Vedder Thinking | News Bruce Radke and Michael Waters Quoted in Recent Washington Internet Daily Article

Media Mention

Bruce A. Radke and Michael J. Waters, Vedder Price Shareholders and members of the firm's Records Management, eDiscovery and Data Privacy practice group, were recently quoted in the Washington Internet Daily article "Similar Do-Not-Track Laws May Follow California's." As of January 1, all websites or mobile apps accessible to California residents must explain in a privacy policy whether the site or app will honor a user's do-not-track request, which could cause potential problems. This disclosure law might be the first of numerous state laws imposing similar privacy policy requirements. Because the law’s language applies to nearly every U.S. website or app, it is essentially a national law.

Mr. Waters weighs in on the Do-Not-Track (DNT) law by saying the law is the "initial step in the discussion." Eventually, the discussion might extend to the FTC since California's law "does not dictate that companies have to follow the DNT signal," Mr. Waters said. "It just says they have to notify users of how they're going to respond to that signal. In the long run, I don’t know if that’s going to be sufficient for the FTC."

Mr. Radke, chair of the firm's Records Management, eDiscovery and Data Privacy practice group, weighed in by saying "You're probably going to see some legislation in other states," and compared it to the creation of state data breach notification laws in 2002. California was the first state to pass such a law, and in the decade since, nearly every other state has followed, he said. "In some respects, [data breach notification laws] had origins in California and then filtered across the nation," Mr. Radke added. "I think it is very possible you may see a situation similar to the breach notification laws." California has continued to update its data breach notification laws over the past decade. Most recently, the law's definition of "personal information" was expanded, said Mr. Radke, a change that went into effect Wednesday, January 1.

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Bruce A. Radke


Michael J. Waters