California's New Online Privacy Policy Law Has Nationwide Implications

摘要

Arecently enacted and signed California Internet privacy law with nationwide implications will go into effect on July 1, 2004. The new law requires operators of commercial Internet sites or online services to adopt privacy policies applicable to all persons whose personally identifiable information is collected and to make sure that those people are aware of the Web site privacy policies. The law provides that businesses that gather identifying personal information about California residents now must post their privacy policies conspicuously on their Web sites or online services, must conform those policies to meet certain requirements, and, naturally but importantly, must abide by those policies. In addition, it is important to note that the law imposes liability for negligent as well as intentional violations. This is a major new obligation for Web site operators especially. Since virtually all US Web sites will interact with California consumers, the law is one Web site operators across the country should take note and take heed. The California Online Privacy Protection Act of 2003 is the new law that is scheduled to go into effect on July 1, 2004. By requiring operators to post their privacy policies, California is making a significant change in the law, as businesses (except those collecting kids' data or dealing with health or financial information) heretofore have not been required to adopt and post privacy policies but have done so, if at all, only voluntarily.