Online Privacy Notice: Do I need one? Should have one?

Woman thinkingIf you have a website, you may be asking yourself: “Do I need a notice of privacy posted on my website?” Well it is “strongly recommended but it is not required” unless your website collects information from persons under 13 years of age or you are a financial institution or HIPAA covered entity. That is the federal law answer.
Some states however, may require you to have a privacy notice on your website. California just passed a law this summer, which requires such a notice. Undoubtedly with the continued focus on privacy and personal information, we will see heightened requirements for privacy policies and safeguards for personal information. When it comes to privacy policies and the internet, the answer is “Yes” you should have a privacy notice. But, use caution. You will be held to what is contained in your privacy notice.
Caution, if you have a privacy notice on your website. If it is false or misleading, you may be liable. Nebraska and Pennsylvania have laws about making false or misleading states in website privacy notices. Here is an admonishment from the Bureau of Consumer Protection:
Think your company doesn’t make any privacy claims? Think again — and reread your privacy policy to make sure you’re honoring the promises you’ve pledged. Consumers care about the privacy of their personal information and savvy businesses understand the importance of being clear about what you do with their data.
For more information about privacy notice or to get assistance in drafting a privacy notice contact us at 513-400-3895 or by email at mbgettins@gettinslaw.com
 

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