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  • Understanding the California Online Privacy Protection Act of 2003 (CalOPPA)

    The California Online Privacy Protection Act (CalOPPA) was the first state law in the United States to mandate commercial websites and online services to post a privacy policy. Enacted in 2003 and effective since July 1, 2004, CalOPPA has been a pioneering force in online privacy regulation, influencing subsequent privacy laws in other states and countries. Key Components of CalOPPA **Privacy Policy Requirement**: CalOPPA mandates that any operator of a commercial website or online service that collects personally identifiable information (PII) from California residents must post a conspicuous privacy policy on its site. **Information Disclosure**: The privacy policy must detail the types of PII collected, the categories of third parties with whom this information may be shared, and the process (if any) for consumers to review and request changes to their information. **Do Not Track (DNT) Disclosures**: Websites must disclose how they respond to “Do Not Track” signals and whether third parties may collect PII about users' online activities over time and across different websites. **Policy Updates**: Operators must update their privacy policy at least once every 12 months and display the effective date of the most recent update. - **Enforcement**: Non-compliance with CalOPPA can lead to legal action by the California Attorney General, including fines and penalties. What Does This Mean for Californians? **Increased Transparency**: CalOPPA ensures that Californians are better informed about how their personal information is collected, used, and shared by online services. This transparency helps consumers make more informed choices about which websites and services to use. **Enhanced Privacy Controls**: By requiring websites to disclose their data practices and provide methods for consumers to control their information, CalOPPA empowers Californians to take charge of their online privacy. **Accountability for Websites**: Websites and online services are held accountable for their privacy practices. Non-compliance can lead to significant legal consequences, incentivizing operators to adhere to privacy standards and protect user data. **Awareness of Data Collection**: The mandatory disclosures about “Do Not Track” signals and third-party data collection raise consumer awareness about the extent and methods of online tracking, fostering a more privacy-conscious online environment. **Influence on Broader Privacy Legislation**: CalOPPA set a precedent for privacy regulation, influencing the development of more comprehensive privacy laws, such as the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR) in the European Union. This means Californians benefit from a progressively stronger framework for protecting their personal information online. By establishing these foundational privacy protections, CalOPPA has played a crucial role in shaping the landscape of online privacy and consumer rights, paving the way for more robust privacy standards in the digital age.

  • Our children's online data is being abused by anonymous data brokers.

    "Researchers with the advocacy group Human Rights Watch analyzed 164 educational apps and websites used in 49 countries. What the researchers found was alarming: nearly 90 percent of the educational tools were designed to send the information they collected to ad-technology companies, which could use it to estimate students’ interests and predict what they might want to buy. Researchers found that the tools sent information to nearly 200 ad-tech companies, but that few of the programs disclosed to parents how the companies would use it. Some apps hinted at the monitoring in technical terms in their privacy policies, the researchers said, while many others made no mention at all." Washington Post, Remote learning apps shared children’s data at a ‘dizzying scale’. Drew Harwell May 24, 2022 https://www.washingtonpost.com/technology/2022/05/24/remote-school-app-tracking-privacy/

  • Is TikTok giving your data to China?

    Harvesting data is the norm for social media apps, but the question that many have is where it goes and who has access to it. Like most social media platforms like Facebook, Twitter, and Google, TikTok captures vast swaths of information from its users, including Internet and other network activity information such as location data and browsing and search histories. The US government is concerned that your data collection by TikTok's parent company - ByteDance is available to the Chinese Communist Party (CCP). This would provide the CCP access to Americans’ personal and proprietary information, which could allow them to favorably influence American's opinion or even potentially compromise their personal privacy for some nefarious intent. Read more... https://www.theguardian.com/technology/2022/nov/07/tiktoks-china-bytedance-data-concerns#:~:text=The%20company%20says%20its%20data,data%20in%20Ireland%20next%20year.

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