Up until recently, it is not very clear as to whether websites are required, by default, to have privacy policies posted on their sites. Only California and a few industry or data-specific laws require a company to have privacy policies. However, in light of the ever increasing popularity of using the Internet as the means of conducting business and social activities, a draft legislation was introduced on May 4, 2010 by Congressmen Rick Boucher (D-VA) and Cliff Stearns (R-FL) to make it a federal statutory requirement to have an online privacy policy. Under the legislation, websites that collect data (which applies to most websites) will be required to, among others, provide consumers a right to opt-out of certain collection, use and disclosure of certain information, obtain affirmative consent under certain circumstances, and implement certain safeguards to the protection of such information. For a more detailed discussion of the legislation, please visit the link below or contact Julia Cheng, Esq. at Di Santo LLP.
www.boucher.house.gov/index.php?option=com_content&view=article&id=1957