localStorage, a popular browser feature, is often overlooked for its potential privacy risks. This post explores why compliance with CCPA/CPRA and other state regulations requires more than just cookie consent tools. Unlike cookies, localStorage isn’t automatically managed by consent management platforms like OneTrust, leaving companies exposed to fines if personal data (emails, device IDs, browsing behavior) is stored or shared improperly.
What is localStorage?
localStorage is a browser feature that lets websites store data (like user preferences or shopping cart items) directly on a visitor’s device. This data persists even after the browser is closed and can hold larger amounts of information.
Compliance Rules (CCPA/State Laws)
Opt-out rights apply to localStorage, requiring users to be able to opt out of data storage, sale, and sharing. Transparency about localStorage usage is also mandatory. Data must be deleted upon request within 45 days. No consent needed for: Shopping carts, login sessions, or non-identifiable UI settings.
localStorage Compliance Risks
Many organizations incorrectly assume their cookie consent management platforms (like OneTrust) manage localStorage compliance. However, these tools only regulate cookies by default.
localStorage is frequently overlooked for its potential to store and share sensitive personal data, such as emails, device IDs, and browsing behavior. This practice can lead to hefty fines for non-compliance.
While localStorage offers convenience, it also presents serious legal risks, especially when dealing with personal data. The potential for privacy violations necessitates a proactive approach to compliance.
Managing localStorage Risks
Step 1: Audit Current Usage. Examine what data is being stored in localStorage and identify any third-party scripts accessing it. Reach out to iDimension for our help with automated audits to monitor localStorage over time, not just when you remember to ask you developers.
Step 2: Enforce Opt-Outs. Implement mechanisms to prevent scripts from writing non-essential data after a user opts out of data collection. Encrypt sensitive data using techniques like CryptoJS.AES.encrypt() to ensure data privacy.
Step 3: Auto-Delete Old Data. Implement automatic data deletion rules to ensure that old data is purged within a reasonable timeframe. This can be done through JavaScript code that sets expiry dates for stored data.
High-Risk Scenarios
| Scenario | Risk | Action |
|---|---|---|
| Ad SDKs storing user IDs | CCPA fines up to $7,500/violation | Audit third-party scripts and/or move to server-side tracking |
| Unencrypted personal data | Class-action lawsuits | Encrypt all sensitive fields |
| Indefinite retention | Breaches of “right to delete” | Set auto-deletion rules |
Key Takeaways
- Treat localStorage like cookies: Assume opt-out rules for non-essentials.
- CMPs aren’t enough: OneTrust blocks scripts, not localStorage writes. Pair it with automated audits to monitor localStorage over time.
- Document everything: Track stored data types, scripts, and retention policies, and update privacy policies to disclose storage practices.
By prioritizing transparency and proactive audits, marketing leaders can minimize legal risks while leveraging localStorage for seamless user experiences.