California California has by far been the most active state in the privacy field. As a result, many Minnesota-based businesses will simply draft their website privacy policies and other privacy practices to make sure that their practices and procedures comply with California law. The California state constitution provides that: “ All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness and privacy. ” Ca. Const. art I, § 1. California’s Office of Privacy Protection governs the state’s wide array of privacy laws, including data security. In California, “[a] business that owns or licenses personal information about a California resident must implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect the personal information from unauthorized access, destruction, use, modification, or disclosure.” [California Civil Code 1798.81.5(b)]. Such security procedures include administrative, technical, and physical safeguards. Businesses should establish a written data security policy to inform employees what is required. Businesses that own or license such personal data must also contractually require third parties dealing with the data to protect personal information. California’s Online Privacy Protection Act (Cal.OPPA) became the first state law in the nation to require operators of commercial websites or online services to post a privacy policy. The Far Reach of Cal.OPPA. Cal.OPPA extends beyond California borders and requires a Minnesota business that operates a website that collects personally identifiable information from California consumers to post a conspicuous privacy policy on its website as well as mobile apps and mobile devices. Cal.OPPA essentially operates as a national law as it has potential impact on virtually every website or mobile app that collects personally identifiable information from consumers.
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