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Below is a simplified description of a new law on website privacy (the Online Privacy Protection Act of 2003) for anyone with a website visited by people living in California, and on which website collects info on those who visit that site.
Who Must Comply
The new law applies to all “operators” of commercial websites and online services that collect personally identifiable information about California consumers. This includes out-of-state operators as well as those based in California.
The term “operator” means the owner of a website or an online service. It does not include third parties that may operate, host or manage the site or service or who process information on behalf of the owner. The term “personally identifiable information” means individually identifiable information collected online about individual consumers, such as a first and last name, a street address, an e-mail address, a telephone number, a social security number or any other identifier that would permit the operator, or others who obtain access to that information, to contact a specific individual. The term “consumer” means any individual who seeks or acquires goods, services, money or credit for personal, family or household purposes. OPPA does not apply to owners of websites that only collect information about other businesses.
What the New Law Requires
In order to meet the “conspicuously posted” requirement:
• It must identify the categories of personally identifiable information that the operator collects;
• It must identify the categories of third parties with whom the operator may share the personally identifiable information
that it collects;
• It must describe the process (if any) by which consumers can review and request changes to any of the collected