Attorney General Kamala D. Harris Provides New Online Tool to Report California Online Privacy Protection Act (CalOPPA) Violations
It's time for a compliance check on those website or mobile app privacy policies, before the California Attorney General comes knocking.
Attorney General Kamala D. Harris has announced the release of a new tool for consumers to report websites, mobile applications, and other online services that may be in violation of the California Online Privacy Protection Act (CalOPPA). The form is available at https://oag.ca.gov/reportprivacy. As a reminder, a website owner or app operator may violate CalOPPA by failing to post privacy policies or posting incomplete or inadequate policies that do not meet the requirements of the statute.
As we have previously written on this blog, the potential cost for not meeting the CalOPPA requirements can be substantial. Violations of CalOPPA may result in penalties of up to $2,500 per violation which, for mobile applications, means up to $2,500 for each copy of the non-compliant application that is downloaded by California consumers.
“In the information age, companies doing business in California must take every step possible to be transparent with consumers and protect their privacy,” said Attorney General Harris. “As the devices we use each day become increasingly connected and more Americans live their lives online, it’s critical that we implement robust safeguards on what information is shared online and how. By harnessing the power of technology and public-private partnerships, California can continue to lead the nation on privacy protections and adapt as innovations emerge.”
Mobile app creators should be aware that the Attorney General’s office will not only be relying on consumers to identify non-compliant apps. The Office is also partnering with the Usable Privacy Policy Project at Carnegie Mellon University to develop a tool that will identify mobile apps that may be in violation of CalOPPA by looking for discrepancies between disclosures in a given privacy policy and the mobile app’s actual data collection and sharing practices (for example, a company might share personal information with third parties but doesn’t disclose that in its privacy policies).
If you have any questions regarding CalOPPA compliance, please do not hesitate to contact the team at Mintz Levin.
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