Lawsuit For Not Having Privacy Policy

6 replies
California has filed its first lawsuit against a company for not having a privacy policy:

Delta Airlines sued over lack of privacy policy - Yahoo! News

There are several Internet-related laws that California has never tried to enforce, so it will be interesting to see what happens.

FYI - California claims its law applies worldwide. If you have a website or online service that collects personal information about California residents, you need a disclosed privacy policy.

IMHO, this is generally unenforceable, especially when it comes to websites. A resident of a state cannot "bring their state law with them" when they go visit a website controlled in a different state or country. It would create chaos.

Note: the story says the claim is Delta Airlines did not have the required privacy notice on a smartphone app, which is an interesting twist, requiring software available on telephone services that can connect online to comply with web rules.

If successful, California could be in a position to quickly solve its budget crisis via a flood of lawsuits.

The law and compliance requirement is here:

CA Codes (bpc:22575-22579)

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#lawsuit #policy #privacy
  • Profile picture of the author talfighel
    What ever you are selling online, it is always encouraged to have a privacy policy. Even if it is just a new website that has no presence.

    Almost everyone is doing it to protect themselves.
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  • Profile picture of the author yukon
    Banned
    My Privacy Policy prevents anyone in a Gov. position in California from viewing my site/content. :rolleyes:
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  • Profile picture of the author KenThompson
    Time to ammend your TOS for using your site. All CA residents give up any rights to sue you by using your site.
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    • Profile picture of the author lotsofsnow
      Originally Posted by KenThompson View Post

      Time to ammend your TOS for using your site. All CA residents give up any rights to sue you by using your site.
      When I do this, may I quote you?
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  • Profile picture of the author YasirYar
    Privacy policies are a must for any website so you have to set up one to avoid any lawsuit in the future.
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  • Profile picture of the author IMDESTROYER
    Banned
    this is interesting. However in web development it suggested several times that you have a TOS and PP. Obviously the people who write the site, were probably software engineers and not web developers. Shoe money talks about website lawsuits in one of his mini campaigns for the shoe money 2.0 course.
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