U. S. WIRETAP LAWS
The use, among other technologies, of Meta’s Pixel, analytics tools, and chatbots is under increased scrutiny in the US, due to the application of certain wiretapping acts, like California’s Invasion of Privacy Act (CIPA). If your website uses these tools, you might need to take some extra steps to reduce the risk of being sued.
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What is a Wiretapping Law?Recent Legal DevelopmentsWhat You May Need To Do
In general terms, Wiretapping Laws govern the illegitimate interception of communications. With the Wiretap Act of 1968 as the first comprehensive effort and example, these laws make it illegal to intercept, listen to, or record private conversations without the consent of all parties involved. Today, in the internet and digital communications era, wiretapping laws also affect online activities. For example, their application has been recognized in connection with chatbots, tracking pixels, analytics, and session recording tools.
A recent yet significant wave of lawsuits is targeting websites that use third-party tools, such as Meta Pixels, with claims under CIPA and other US federal or state wiretapping acts. A key aspect is the relationship between third-party service providers accessing information collected on websites and unauthorized access to private communications. Courts have increasingly recognized the potential link between the use of such technologies and the violation of wiretapping laws’ requirements for transparency and consent.
While a clear and final indication of what businesses should do to align their websites to legal requirements arising from CIPA and other US wiretapping acts, there are a few things you can do to protect your business.
Disclose the use of any third-party technologies on your website, especially tracking technologies and the details of your data processing activities in your privacy policy.
Always obtain consent to the use of technologies that fall within the scope of current wiretapping-related lawsuits and collect any relevant data. You can do this through a consent banner.
If you’re using third-party tools for analytics, chat monitoring, or session replay, take a good look at their data collection and processing practices. Make sure they align with applicable legal requirements.
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We help you generate your privacy policy in a few minutes, by identifying the services active on your website and that may collect personal data. You can also easily add custom clauses.
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Create a consent banner, select applicable laws, and start getting consent from your users. Thanks to our Cookie Preference Log, you’ll also record proof of consent obtained from your users.
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Our solution allows you to automatically block cookie scripts from running before you obtain your users’ consent. The auto-blocking feature already includes support for all major scripts.
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