California Privacy Policy
A privacy policy is a must for any website. In California, a California privacy policy is actually required by law if you do business with any customers in the state.
Website Compliance
Privacy is a subject that is at the root of many of our political debates today. The federal constitution makes no mention of it, but it exists to some extent on the federal level because the Supreme Court inferred the right to exist and used it as the basis of a number of rulings on subjects ranging from privacy to abortion. This has obviously been a controversial trend.
There is no such controversy in California. The first section of the state constitution notes citizens of the state have inalienable rights to..."safety, happiness and privacy." Instead of creating rights out of thin air, for better or for worse, the courts in California have a solid constitutional basis to work off of and, if you do business in the state, so do you.
When it comes to website compliance with California privacy policy issues, this explicit right of privacy has produced a bevy of issues to consider. There are no less then 18 sets of law detailing how a website must protect the privacy of users and disclose the same. Ah, the joys of doing business in California! Don't worry. I've worked through the Acts so you don't have to.
The primary issue for you to consider is whether you must comply with these acts. Ostensibly, you must if you have an online site or service that collects personally identifiable information from California residents. Personally identifiable information includes anything from their name to email address to "other identifiers." If you fall within these admittedly vague categories, you must comply.
Importantly, your location is irrelevant to the above analysis. The issue is not whether you are a site based in California. It is only whether any of the visitors you collect information from are in California. Even one captured bit of information from a California resident means you must comply!
When in doubt, website compliance with the California privacy policy laws is a wise move. This is why you see it on the larger sites. Little is gained from failing to comply, but much is risked. Contact me today at 619-637-6043 to get into compliance.
Richard A. Chapo, Esq.
