Bloomberg Law
June 8, 2022, 9:11 PM

California Draft Privacy Rules Would Prohibit Guilting Consumers

Joyce E. Cutler
Joyce E. Cutler
Staff Correspondent

California would mandate clarity and guilt-free choices to consumers when they select the personal information businesses and websites can use, under proposed regulations the first-in-nation state privacy commission approved Wednesday for public comment.

The California Privacy Protection Agency’s proposed regulations require clear, non-manipulative, and jargon-free language in explaining consumers’ choices. The draft rejects “dark patterns,” such as language or interactive elements that are confusing to the consumer. The methods shouldn’t use double negatives. Toggles or buttons must clearly indicate the consumer’s choice.

“The methods should not use language or wording that guilts or shames the consumer into making a particular ...