- Identifies the categories of personal information collected;
- Provides a description of the process for a consumer who uses or visits a site to review and request changes to his or her information that the site has collected, if the site offers such a process;
- Identifies the policy’s effective date.
Under CalOPPA, personally identifiable information includes: first and last name; home or other physical address; email address; telephone number; Social Security number; and other identifiers that permit the physical or online contacting of a specific person.
California also adopted AB370, the Do Not Track Law as an amendment to CalOPPA. Do Not Track, which went into effect on Jan. 1 this year, requires site operators to disclose:
- How their sites respond to web browser “do not track” signals or other mechanisms that provide users the ability to exercise choice regarding the collection of personally identifiable information about users’ online activities over time and across third-party websites or online services.
- Whether other parties collect the personally identifiable information about users’ online activities over time and across different websites when they use the site.
Companies subject to Do Not Track have 30 days to comply after being notified of noncompliance or face $2,500 per violation.
- What methods does the site employ to track users, and do users have the option to control whether or how the methods are used and whether the site will honor the user’s choice?
- Does the site allow advertising networks to set cookies or collect data?
- Does the site combine tracking data with personal information captured across other sites?
- Does the site allow social media platforms or other third parties to collect data on the site?
Lisa McGrath is president of lisa mcgrath llc, a new-media law firm that focuses on solving legal issues related to social media compliance, the Internet, advertising and mobile apps. She is a member of Harvard University’s Berkman Center Online Media Legal Network. She can be reached at lisamcgrathllc.com.