Showing posts with label Privacy. Show all posts
Showing posts with label Privacy. Show all posts

Sunday, 22 April 2012

Website Privacy Policy: Are There Different Web Privacy Policy Requirements in the US and Australia?

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AppId is over the quota

Yes, every country has different laws and regulations governing website privacy and consumer protection. However, there are some countries that have yet to adopt any privacy regulations.

Although there are different requirements under US and Australian law, a privacy policy can be made to satisfy the requirements of both countries. Australia is seen as having very strict privacy policy regulations in comparison to many other countries and in many instances, a strong privacy policy under Australian law will likely be valid and be regarded favourably by other countries with respect to privacy law and compliance with local regulation.

Despite this, if you have a website business which provides goods or services to other countries, you should be familiar with all aspects of the laws of other jurisdictions in relation to privacy regulations. To meet the requirements under US law, for example, and under the laws of other countries such as the UK, there will need to be some additions or amendments made to an Australian privacy policy statement. If these extra requirements are left out for a website that is selling goods and services in the US, a lack of compliant privacy policy with US requirements could cause problems for website owners who operate or sell products or services in the US and there are penalties and sanctions for such activity. In addition, the website could be shut down for non-compliance.

When comparing the requirements of Australia and the US, a key additional US requirement needed for a privacy policy valid under Australian law to comply with US law relates to the collection of information of children under 13 years of age. To meet the US privacy requirement, a website needs to ensure they will not collect information from children under 13 years. If the website is not targeted at children under 13 visiting or does not wish to have children viewing the site, the website the privacy policy must explicitly state this.

For a US website privacy to meet Australian privacy requirements, it is a bit more complex as Australian privacy laws are more detailed in their focus. Australian privacy regulations are quite strict on such detail as, for example, how websites collect, store and disclose personal information, focusing on website cookies. US law currently is not as strict as Australian law which means that if a US website wants to ensure their privacy policy is compliant with Australian standards, there are a number of additional requirements that need to be considered to meet Australian privacy regulations. In addition, Australian law has industry specific requirements that healthcare providers, financial services, medical, legal, credit providers and other specialised professionals must be aware of-all which need to be considered depending on the type of website you are choosing to set up.

In summary, with the differing requirements from country to country it is possible to have a policy that covers multiple jurisdictions. However, when considering the privacy policy to include on a website, the owner will need to ensure they are aware of unique and potentially unexpected features of the laws of each jurisdiction that they may be seen to provide services or products to, so that they ensure they have a compliant privacy policy.

Want to know more? Click here for Free information on Website Privacy Policy. Australian legal agreements and forms from http://legal123.com.au/.


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Is a Website Privacy Policy and a Confidentiality Policy on a Website the Same Thing?

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AppId is over the quota

A website privacy policy and confidentiality policy are the same type of policy and the terms may be used interchangeably. These policies are required on most websites to comply with Australian laws.

The law outlines that anytime personal information is being collected online, any visitors to and users of the site, must be aware of what information is being collected, why and how it is being collected as well as how and where it is being stored. This may seem straightforward in many cases, but this measure is in place to attempt to prevent the misuse of information and to ensure a website user is fully aware that their information is being collected.

A privacy or confidentiality policy is normally found directly on a website or through a link to a dedicated page outlining this important policy. Essentially, it is recommended that every website have a privacy policy.

When entering information into a website, customers and visitors will want to be sure that they know exactly what this information will be used for and how it will be retained. Ensuring you have a privacy policy on your site assists this and gives confirmation to visitors that any information sent or given to a site will not be used for any unwanted or unknown purpose. Privacy policies must even go further than this and outline how data is stored, essentially forcing website owners to securely store personal information.

By owning or running a business website you need to be aware of the significance of misuse of personal information and your requirements as a website owner. It is quite apparent that this legislation is in place to prevent both the inadvertent and intentional misuse of information such selling email and other addresses which may be used to send spam mail to email addresses and also to ensure the safety and secured storage of information such as credit card details.

Implementing these policies is not a change from the typical practice of most websites. It can instead be interpreted as a codification of a websites current practice.

Generally, as both a safeguard and anytime information is received from a website visitor in any way, it can still be used for whatever purpose a website wishes, provided that the privacy policy first outlines what the purpose/s are in the policy on their site and, in some instances, gives the visitors the opportunity to 'opt out'. Users must have the option to review this policy when visiting the website and if they do not agree with it, they can choose not to use the site. This privacy policy option must be available prior to them giving any of their details and if they choose to opt out, the website owner cannot use any of their details.

When publishing any privacy policy, a website will need to ensure that they consider all the ways in which they gather and store information collected from a visitor to their site and outline its exact use. In many cases this collection will be very obvious but in other instances, it may be less direct. However collected, a website privacy policy needs to be written, clear and easily available to website visitors to ensure compliance with Australian legislation.

Want to know more? Click here for Free information on Website Privacy. Australian legal agreements and forms from http://legal123.com.au/.


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Cyber Law and Privacy - Is The Game Going to Change Once Again?

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AppId is over the quota

On your personal computer are many things, private things, and things which are no one else's business. Bank account numbers, private emails, and all sorts of things. Likewise, when you go online to search various things - that's your business, perhaps you are planning on going to a movie, out to dinner, or shopping for a gift. It's really none of anyone else's business. Unfortunately, authorities would have you believe that it is their business.

Well, that's a scary thought really, especially in the wake of the tabloid scandal listening in on voice mails of the families of murder victims in England. Let's discuss all this for a moment shall we?

There was an interesting article on SlashDot (News for Geeks Recently) titled "Law Enforcement Still Wants Mandatory ISP Log Retention" posted by Soulskill on July 12, 2011 who cites Schwit1 from CNET, which stated;

"Law enforcement representatives are planning to endorse a proposed federal law that would require ISPs to store logs about their customers for 18-months, and a board member of the National Sheriffs' Association says ISPs do not store customer records long enough. 'The limited data retention time and lack of uniformity among retention from company to company significantly hinders law enforcement's ability to identify predators when they come across child pornography'. They want any stored logs available to be used to prosecute any type of crime."

Okay so, I want to collect and prosecute the bad guys and evil-doers as much as anyone else. I have no use for drug dealers, child molesters, murderers, or anyone else that would create heinous crimes against humanity for that matter. However, I also know that in our Constitution our personal belongings are not to be searched or seized without our permission. And no government official, or police are allowed to enter your home and look at your personal belongings, personal journal, or anything else that you own.

So then, why is it okay to command ISPs, and cloud computing companies to save data and information that is personal, even when you've deleted it, or don't wish that information to be collected? Yes, I don't doubt that it could help solve crimes, and it would be nice to solve crimes, I really believe that. But certainly not at the expense of personal freedom, this is the United States of America still. And if the National Sheriff's Association is able to lobby such a law into existence, one could ask exactly how they are helping the American people or protecting them?

After all, The National Sheriff's Association is supposed to be protecting people, and protecting their rights, and they are even swear to uphold the law and constitution, so may I ask why they are lobbying to take away rights from citizens and go against the law of the land? I find this fascinating. I also find it quite troubling, and if you love freedom and liberty you to understand. Indeed I hope you will please consider all this and think on it.

Lance Winslow is a retired Founder of a Nationwide Franchise Chain, and now runs the Online Think Tank. Lance Winslow believes writing 24,000 articles by July 24, 2011 is going to be difficult because all the letters on his keyboard are now worn off now..


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Does My Privacy Policy Work for Customers and Visitors to My Website in Other Countries?

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AppId is over the quota

Local country compliance is a question that many website owners may consider when their website deals with international clients, users and visitors to their website. This question cannot be given a definitive answer as its difficult to control access to your website, however general guidance can be suggested.

One of the most important regulations to consider with respect to other country laws and your website is your Privacy Policy. With respect to internet regulation and laws concerning the collection of information, it's the case that some countries will have no or little regulation. Other jurisdictions, particularly English speaking jurisdictions such as Singapore, the US, much of the EU and Canada do have privacy and security regulation which are similar laws to Australia.

With the nature of privacy over the internet, concerns will be the same in many countries so laws and requirements will be similar. Australia has a strict privacy policy requirements and so following Australia's policy will usually be a safe bet that if you will comply generally with most countries internet privacy requirements, however, you should always confirm this locally.

In many instances, a website will be doing business with visitors from the country of their home site. However, as a website owner, you cannot control where your visitors come from nor which countries and visitors view your website. You are best to have a strong privacy policy that has the potential to cover anticipated countries you may be likely to be doing business with.

When creating a privacy policy the safest bet is for a website to create their policy within the scope of the jurisdiction that they are in, as there is really no way of knowing or even controlling who will visit the site. Having a clearly outlined, strong and visible privacy policy that states exactly what information may be collected, the purpose, and security measures in place to ensure it is kept safe is generally the best approach.

Furthermore, if a website is engaging in the sale of a product or service with a customer from another country, the privacy policy and the terms of sale should clearly state that the sale of the product or service is governed by the laws of the country where the website is located. This is the best approach in terms of risk management; if a problem arises with the goods or services, then it will be determined by, and any action will occur in the courts of your jurisdiction or country in most instances.

Want to know more? Click here for Free information on Website Privacy. Australian legal agreements and forms from http://legal123.com.au/.


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Are There Different Website Privacy Policy Requirements in the UK and Australia?

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AppId is over the quota

Yes. Although the requirements are similar in each country, there are some differences that websites will need to be aware of to ensure compliance with privacy laws in other jurisdictions. It is possible to amend Australian website privacy policies to ensure that they are in compliance with the requirements of both UK and Australian jurisdictions.

Recently, following an EU directive, amendments were made the UK Privacy and Electronic Communications Regulations which came into force in May 2011. The most significant aspect of these UK amendments is that website users and visitors must expressly agree to accepting cookies that give any and all website information from a user or visitor. Prior to this, any information collected, even things as minor as visitor sites that were viewed or visited and collected for the purposes of advertising relevant or related adverts to subject topics they viewed, was exempt from this active requirement. This new regulation now means that any type of 'cookie' which may collect this or any type of visitor information must be actively and positively agreed to by the visitor to the site prior to viewing or access to the website.

This is seen as a very strict and uncommercial policy in comparison to other countries. It is viewed as a barrier and obstacle which will inhibit and stop people from viewing UK websites. Visitors may choose to go to other websites in other countries, such as the US, which do not have this requirement.

Currently in Australia a privacy policy must tell users of websites how information is collected and its purpose (which is stricter than other jurisdictions such as the US) but does not require active agreement for cookies which monitor such things as advertising directional material unlike the UK.

Aside from this major change with visitors and user to sites having to explicitly accept cookies and storage of their information in the UK, there are a number of other modifications Australian websites will need to make in order to ensure that their policies are UK compliant. This includes notifying visitors that their IP addresses, in addition to other information from visitors may be taken and stored.

Although both the UK and Australia generally have similar privacy laws, one should never assume that just because a site complies with a privacy policy in one country that it will also comply with another. Every jurisdiction may be slightly different and may include unexpected or new requirements as website privacy laws are seemingly and constantly changing and being updated.

In addition to new requirements, it is likely that laws may change on a regular basis, as they recently have in the UK and may result in modifications needing to be made to an existing privacy policy. By modifying an existing privacy policy to make it fit the requirements of another jurisdiction will not necessarily void the policy in the home jurisdiction, but rather make it more comprehensive-generally speaking, the stricter the privacy policy compliance, the more likely it will meet local requirements.

Want to know more? Click here for Free information on Website Privacy Policy. Australian legal agreements and forms from http://legal123.com.au/.


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