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California Online Privacy Protection ActUnlike in federal law, the right of privacy is clear in California law. On the web, it is expressed through the California Online Privacy Protection Act. COPPA Contained in the first section of the California Constitution is language to the effect that citizens of the state have inalienable rights to pursue “safety, happiness and privacy.” This last word makes all the difference when it comes to the rights of citizens versus businesses and government when it comes to the dissemination and use of information. In relation to said information in an online application, the controlling law is known as the California Online Privacy Protection Act of 2003. Also known as COPPA, the Act delves into the world of the right of privacy of visitors to websites. Although the FTC has tries to push for voluntary privacy applications at the federal level, California mandates them through COPPA. So, how does COPPA actually work? The Act applies to any commercial website or online service that collects personally identifiable information of a California resident. As you can surmise, “personally identifiable information” is the key part of that sentence. What is it? Well, the provisions are somewhat vague. It definitely includes information such as names, phone numbers, email addresses, social security numbers and so on. What is less clear is whether it also applies to such information if it is ascertained through a program such as a cookie trace or bot program. As a result, it is best to comply with the provisions if there is any question at all. To comply with the Act, one must “conspicuously post” a privacy policy on the home page or first significant page of the site. The hyperlink should be in all CAPS and the same size as the rest of the text on the page. The privacy policy itself must include a number of provisions. The first is the identification of any categories of personally identifiable information the site collects. The second is any third parties the site might share said information with. The third is a process, if any, that visitor can use to modify their information. The fourth is a provision identifying how the site notifies visitors of changes. Finally, the effective date of the policy must be noted. Given the broad privacy protection provided under California law, it is vital that businesses stay updated on this area of law. Compliance with the California Online Privacy Protection Act is a first step, but not the last one by any stretch of imagination. Get Privacy Policy Quote for Your Site << Back to Internet Law Articles |
