W3C First Public Working Draft
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This document defines a signal, transmitted over HTTP and through the DOM, that conveys a person's request to websites and services to not sell or share their personal information with third parties. This standard is intended to work with existing and upcoming legal frameworks that render such requests enforceable.
This section describes the status of this document at the time of its publication. A list of current W3C publications and the latest revision of this technical report can be found in the W3C technical reports index at https://www.w3.org/TR/.
This document was published by the Privacy Working Group as a First Public Working Draft using the Recommendation track.
Publication as a First Public Working Draft does not imply endorsement by W3C and its Members.
This is a draft document and may be updated, replaced or obsoleted by other documents at any time. It is inappropriate to cite this document as other than work in progress.
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This document is governed by the 03 November 2023 W3C Process Document.
This section is non-normative.
Building websites today often requires relying on services provided by businesses other than the one which a person choses to interact with. This result is a natural consequence of the increasing complexity of Web technology and of the division of labor between different services. While this architecture can be used in the service of better Web experiences, it can also be abused to violate privacy ([privacy-principles]). While data can be shared with service providers for limited operational purposes, it can also be shared with third parties or used for behavioral targeting in ways that many users find objectionable.
Several legal frameworks exist — and more are on the way — within which people have the right to request that their privacy be protected, including requests that their data not be sold or shared beyond the business with which they intend to interact. Requiring that people manually express their rights for each and every site they visit is, however, impractical.
Given the ease and frequency by which personal information is collected and sold when a consumer visits a website, consumers should have a similarly easy ability to request to opt-out globally. This regulation offers consumers a global choice to opt-out of the sale of personal information, as opposed to going website by website to make individual requests with each business each time they use a new browser or a new device. [CCPA-AG-FINAL-STATEMENT]
This specification addresses the issue by providing a way to signal, through an HTTP header or the DOM, a person's assertion of their applicable rights to prevent the sale of their data, the sharing of their data with third parties, and the use of their data for cross-site targeted advertising. This signal is equivalent, for example, to the "global privacy control" in the CCPA [CCPA-REGULATIONS].
A do-not-sell-or-share interaction is an interaction with a website in which the person is requesting that their data not be sold to or shared with any party other than the one the person intends to interact with, or to have their data used for cross-site ad targeting, except as permitted by law.
A do-not-sell-or-share preference is when a person requests that their data "not be sold or shared" for instance by activating a Global Privacy Control setting with their user agent or by using tools that default to such a setting (possibly because this setting matches the most common expectations of that tool's users). When set, this preference indicates that the person expects to browse the Web with do-not-sell-or-share interactions.
A site MAY produce a resource at a .well-known URL in order for a site to represent the fact that it abides by GPC requests, at least where required to do so. The purpose of a GPC support resource is for a site to convey its awareness of and support for the Global Privacy Control. The support resource is not intended to convey whether the site abides by GPC requests from the user agent accessing the resource. By default, an origin's support is unknown.
A GPC support resource has the well-known identifier /.well-known/gpc.json
relative to the origin server's URL [RFC8615].
An origin server that receives a valid GET request targeting its GPC support resource responds either with a successful response containing a machine-readable representation of the site-wide tracking status, as defined below, or a sequence of redirects that leads to such a representation (which MAY be provided by a server at another origin).
The origin server MUST return the GPC support resource as a valid representation using the
application/json
media type [RFC8259], otherwise the origin's support is
unknown.
The GPC support representation MUST be an JSON object, otherwise the origin's support is unknown. Members of this JSON object not in the list below have no meaning in this specification and MUST be ignored. Members include:
gpc
member. The value of the gpc
member MUST be either
true
, to indicate that the server intends to abide by GPC requests at least
to the extent it is legally obligated to do so, or false
, to indicate that
it does not. For any other value the origin's support is unknown.
lastUpdate
member. The value of the lastUpdate
member MUST be an RFC3339 full-date
(YYYY-MM-DD) or date-time
(YYYY-MM-DDTHH:mm:ss.sssZ) [RFC3339]. This indicates the time at
which the statement of support was made, such that later changes to the meaning of the
GPC standard should not affect the interpretation of the resource for legal purposes.
If the member is not in a valid RFC3339 format, the last update date and time is
unknown.
This section is non-normative.
Receiving a GPC signal may have legal effects, depending on factors such as the location of the individual sending the signal, the scope of the applicable law, as well as any separate agreement between the recipient of the signal and the individual. For additional details on legal effects, consult the explainer.
For example, the use of the GPC signal by an individual will be intended to communicate the individual's intention to invoke the following rights, as applicable:
Under the CCPA, the GPC signal will be intended to communicate a Do Not Sell request from a global privacy control, as per [CCPA-REGULATIONS] §999.315 for that browser or device, or, if known, the consumer.
Where the GPC signal conflicts with the existing privacy settings a consumer has with the business, the business shall respect the GPC signal but may notify the consumer of the conflict and give the consumer an opportunity to confirm the business-specific privacy setting or participation in the financial incentive program [CCPA-REGULATIONS] §999.315(c)(2).
The CPA gives consumers the legal right to opt out of both the sale of their information as well as the use of their data for cross-site targeted advertising, including through the use of “universal opt-out mechanisms that clearly communicate a consumer’s affirmative, freely given, and unambiguous choice to opt out.” Under the CPA, the GPC signal will be intended to communicate a request to opt out of both the sale of their personal information and the use of their personal information for targeted advertising.
Similarly, the CDPA gives consumers separate opt-out rights for data sales and targeted advertising, including through an “authorized agent by way of, among other things, a technology, including, but not limited to, an Internet link or a browser setting, browser extension or global device setting.” Under the CDPA, the GPC signal will be intended to communicate a request to opt out of both the sale of their personal information and the use of their personal information for targeted advertising.
Under NRS 603A, a GPC signal will be intended to communicate a Do Not Sell My Personal Information request [SB220].
The GDPR requires that "Natural persons should have control of their own personal data" ([GDPR], Recital 7). The GPC signal is intended to convey a general request that data controllers limit the sale or sharing of the person's personal data to other data controllers ([GDPR] Articles 7 & 21). This request is expressed with every interaction that the user agent has with the server.
Note that this request is not meant to withdraw a person's consent to local storage as per the ePrivacy Directive ("cookie consent") ([EPRIVACY-DIRECTIVE]) nor is it intended to object to direct marketing under legitimate interest ([GDPR]).
GPC could potentially be used to indicate rights in other jurisdictions as well.
Other US state privacy laws, such as those in Virginia and Utah, give consumers new opt-out rights around data sales and targeted advertising but are silent on the legal effect of global opt-out signals. Regulators enforcing those statutes may determine that a user activating a signal such as GPC may be sufficient to legally exercise opt-out rights in those jurisdictions.
However, GPC is not necessarily intended to invoke every new privacy right in every jurisdiction. For example, GPC is not intended to globally invoke data deletion rights on every website visited by the user. GPC is also not intended to limit a first party’s use of personal information within the first-party context (such as a publisher targeting ads to a user on its website based on that user’s previous activity on that same site). For that reason, GPC should not be interpreted as exercising the CCPA’s right to limit the use of sensitive information in a first-party context.
Given the complexities of existing consent frameworks, publishers who accept the GPC signal should disclose how they treat the GPC signal in that jurisdiction and how they deal with conflicts between the signal and other specific privacy choices that the person has already made directly with the publisher, including instances where third party sharing may be permitted such as sharing to service providers/processors, sharing at law or at the direction of the individual.
User agents SHOULD strive to represent what the user agent best believes to be the person's preference for the Global Privacy Control value. While studies have shown that people do not want their data sold or shared, some jurisdictions have enacted "opt-out" legal frameworks where consumers have to take an affirmative action to express a preference to limit data sharing of the use of their data for targeted advertising.
Different jurisdictions have different prerequisites before a platform can enable a universal opt-out. For example, the most recent regulations promulgated under the California Consumer Privacy Act state:
The platform, technology, or mechanism that sends the opt-out preference signal shall make clear to the consumer, whether in its configuration or in disclosures to the public, that the use of the signal is meant to have the effect of opting the consumer out of the sale and sharing of their personal information. The configuration or disclosure does not need to be tailored only to California or to refer to California ([CPPA-REGULATIONS], §7025(b)(2)).
Colorado and other jurisdictions are more prescriptive about requirements for a valid universal opt-out signal. For example, Colorado’s regulations explicitly provide “a Universal Opt-Out Mechanism may not be the default setting for a tool that comes pre-installed with a device, such as a browser or operating system” ([COLORADO-REGULATIONS], Rule 5.04(a)).
Currently California and Colorado are the only jurisdictions in the United States that empower regulators to issue detailed regulations on topics such as universal opt-outs. Other statutes state relatively high level legal requirements that may be augmented by informal guidance (such as an FAQ) or through enforcement.
The legal landscape around global opt-outs is also changing. In 2023, several new states passed laws that include requirements to honor global opt-outs, though some of those states’ provisions differ considerably. Additionally states may revise their legal requirements as California has already amended the original CCPA that was passed in 2018.
In addition to the United States, other jurisdictions may recognize universal privacy signals and may impose their own requirements before such signals are deemed legally bindinging.
For more information on the latest legal requirements, please review the implementation guide which will provide more up-to-date information about the latest legal guidance around global opt-outs.
User agents are expected, where required, to present all the appropriate notices to people to ensure that the rights they wish to avail themselves of are effectively binding.
Exposing a user's preference (in the HTTP header field or
navigator
object)
potentially divides users into two groups in a way that might increase the information
available for fingerprinting. This extra information is available unless the signal
perfectly correlates with other signals. Depending on the browser and implementation, the GPC signal
may impose a privacy cost, though one intended to be justified by the privacy benefit
of sending the signal.
As well as sections marked as non-normative, all authoring guidelines, diagrams, examples, and notes in this specification are non-normative. Everything else in this specification is normative.
The key words MAY, MUST, MUST NOT, and SHOULD in this document are to be interpreted as described in BCP 14 [RFC2119] [RFC8174] when, and only when, they appear in all capitals, as shown here.
It is worth considering that a GPC signal will be attached to every HTTP request made to a given site. Rendering a page on the Web often requires making dozens such requests. As such it can prove impractical for GPC signals to trigger full-blown opt-out procedures with costly audit trails for every single GPC interaction as that will cause a large amount of processing, including for resources served from a content delivery network (CDN) that must be executed as efficiently as possible.
Regulations that intend to support GPC are encouraged to consider such implementation difficulties. One way of addressing them is to differentiate between user interface affordances given to people for the purpose of requesting a do-not-sell-or-share interaction preference to persist on the site, and the provision of a do-not-sell-or-share interaction signal the state of which is maintained with the user agent. In the latter case, the interaction can be processed as if the person had previously requested such a do-not-sell-or-share interaction preference and were interacting with that preference already active.
Referenced in:
Referenced in: