Privacy Policies, Are They Essential? In an ever-growing world of Internet activity, websites popping up by the hundreds are incorporating several different policies. Disclaimers, copyright notices and privacy policies are a common sight on most of today's websites. These policies vary from a few short sentences to several detailed paragraphs. But what do these privacy policies cover and are they necessary?
The current laws pertaining to privacy, (and I have to say they are a few) state that no policies are required for protection within a published website. But.....if you do choose to place a privacy policy et al on your website, you are legally bound to that policy! There are no ways around it! If a policy states that no info is collected, yet a counter script that collects identifiable information is on-site, that would be a breach of that policy. Further, there are considerable monetary fines for these “breaches.”
Right now, U.S. laws are abused enough to actually work in the reverse for those who implement policies. In other words, website owners are being (in some cases) needlessly sued for breach of their policies, which in turn, depending on type of website can lead to other laws ie: Unfair and Deceptive Business Practices etc.
The ONLY policy required by law in the U.S is COPPA (Children's Online Privacy Protection Act.) This policy is mandatory for those commercial websites and online services and operators of general audience sites that knowingly collect information from children under 13. Strict guidelines determine what information needs to be conveyed and the structure of it. With the help of parents and others, the FTC will enforce this Act and fines could reach up to $11,000/per violation. Foreign-run websites that are directed to children in the U.S. or knowingly collect information from children in the U.S. must also comply with the Act.
The information that is required in a compliant policy is laid out as follows:
- Post clear, understandable Privacy Policies describing in detail information practices for children's personal information.
- Providing notice to parents and obtaining “verifiable parental consent” before collecting personal information from children.
- Give parental choice as to the consent of the collection and use of children's information.
- Provide parental access to information collected from children to have it reviewed and deleted if necessary.
- Give parents the opportunity to prevent further information from being collected.
In addition, there are several guidelines to follow in creating a standard policy. These are as follows:
- Identifiable contact information.
- Server recognition.
- What information is collected.
- How that information is used.
- Cookie recognition.
- Opt-in/opt-out information.
- Provisions for access of client or customer information collected.
- What type if any, security information.
A recent survey (http://pcworld.com/howto/article/0,aid,112468,00.asp) of 1500 Internet users: 500 PC World subscribers, 500 PC World.com visitors, and 500 AOL or OpinionPlace.com users, were asked about their habits, concerns and how they are protecting themselves online.
With regard to these users, here are some statistics when asked “Do you read the full privacy policy?”
As you can see by the chart, there is no overwhelming evidence that policies are relied upon. However, it is recommended by the FTC (and myself) to post a privacy policy if for nothing else to create trust between the website operator and the visitor.
About the Author
Marc Reposa
WECP ( www.wecp.net )
Eval-Techs ( www.eval-techs.org )