Privacy Policy - Applicable US Law

Applicable US Law

While no generally applicable law exists, some federal laws govern privacy policies in specific circumstances, such as:

The Children's Online Privacy Protection Act (COPPA) affects websites that knowingly collect information about or target at children under the age of 13. Any such websites must post a privacy policy and adhere to enumerated information-sharing restrictions COPPA includes a Safe Harbor provision to promote Industry self regulation.

The Gramm-Leach-Bliley Act requires institutions "significantly engaged in financial activities give "clear, conspicuous, and accurate statements" of their information-sharing practices. The Act also restricts use and sharing of financial information.

Health Insurance Portability and Accountability Act (HIPAA) Privacy Rules requires notice in writing of the privacy practices of health care services, and this requirement also applies if the health service is electronic.

Some states have implemented more stringent regulations for privacy policies. The California Online Privacy Protection Act of 2003 - Business and Professions Code sections 22575-22579 requires "any commercial web sites or online services that collect personal information on California residents through a web site to conspicuously post a privacy policy on the site". Both Nebraska and Pennsylvania have laws treating misleading statements in privacy policies published on Web sites as deceptive or fraudulent business practices.


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