July 20, 2018
Maintaining Privacy in the Digital Age
by Lesley Armour, Kooperman Mentel Ferguson Yaross
The conversation about privacy and the internet has gone viral. As a consumer, this issue may be on your mind with the recent news of Facebook and Cambridge Analytica. As a business owner, you may be receiving more questions than normal about your business’s data practices and you may be wondering what, if anything, you should be doing.
- The Children’s Online Privacy Protection Act is a federal regulation that regulates what information companies can collect online from children under the age of 13, and establishes parameters for parental consent.
- The General Data Protection Regulation took effect in the European Union in May. The GDPR extends protections to all European Union residents. It limits the instances in which personal data can be collected, distinguishes between data controllers and processors and enumerates the rights of the data subjects, among other things. Because this law took effect recently, there is uncertainty in how the GDPR will be policed and enforced. Nevertheless, it is important to know that the penalties for non-compliance are high.
The above is not a comprehensive list of all the laws that have been enacted to protect consumer privacy. Several states have legislation pending to address these issues and extend similar protections to residents. Because privacy regulations exist at the federal, state and international level, all businesses operating a website should consult with an attorney to ensure their businesses are in compliance and are adequately protected against any consumer privacy claims