If you have ever shared a bathroom with your siblings, you know that privacy is important. A sign on your bathroom door telling everyone else that you are not to be disturbed can go a long way. The same fact goes for websites and applications – you are required to inform your visitors of their privacy rights. While there is no overarching federal law that protects the privacy of internet users in the United States, the state of California does have a law that you must follow, the California Online Privacy Protection Act of 2003 (“CalOPPA”). This law governs California residents that access a website, regardless of where the website is based. Therefore, whether your business is in Illinois or Texas, CalOPPA still applies to you.
CalOPPA contains provisions for hefty fines in the cases of non-compliance.
- What personal information you gather;
- Who you share the personal information with;
- A description of any third parties that may collect personal information;
- A description of the process, if any, by which a customer can review and request changes to his or her personal information;
- How your website responds to Do Not Track signals.
CalOPPA does not cover all information that you collect but instead focuses on personally identifiable information. This information includes the following:
First and last name;
Home or other physical address;
Social security number;
Any other identifier that permits physical or online contacting of that individual; and
Information about an individual collected online and maintained in personally identifiable form in combination with any of the above categories.
- Be posted on a web page that is the homepage or other first significant page that a user would visit after entering the website or application;
- Be any other functional hyperlink that is so displayed that a reasonable person would notice it.
Protect yo self,