An Administrator's Guide to California Private School Law

Chapter 10 - Privacy Rights Of Students And Employees

(a) sending a confirmatory email to the parent following receipt of consent; and (b) obtaining a postal address or telephone number from the parent and confirming the parent’s consent by letter or telephone call. 1694 In addition, in certain circumstances, prior verifiable parental consent is not required. 1695 (iii) Web Site Notification In addition to the direct notice, the operator must also a “prominent and clearly labeled link” to an online notice of the operator’s information practices with regards to children. 1696 The link to the notice must be posted on the home or landing page or screen of its Web site or online service, and , at each area of the Web site or online service where personal information is collected from children.” 1697 This link must be in “close proximity” to the requests for information area on the page. 1698 The online notice must state:

 The name address, telephone number, and email address of all operators collecting or maintaining personal information from children through the Web site or online service . The operators of a Web site or online service may list the name, address, phone number, and email address of one operator who will respond to all inquiries from parents concerning the operators’ privacy policies and use of children’s information, as long as the names of all the operators collecting or maintaining personal information from children through the Web site or online service are also listed in the notice;  A description of what information the operator collects from children, including whether the Web site or online service enables a child to make personal information publicly available; how the operator uses such information; and, the operator’s disclosure practices for such information; and  That the parent can review or have deleted the child’s personal information, and refuse to permit further collection or use of the child’s information, and state the procedures for doing so. 1699

(iv) Special Rule – When Operator Collects Personal Information for School Under certain circumstances, an operator that provides services to a school may fulfill its notice requirements by providing the necessary notices directly to the school. 1700 The school is then charged with obtaining the required parental consent for the services that the school uses. 1701 2. T HE C ALIFORNIA S TATE O NLINE P RIVACY P ROTECTION A CT O F 2003 (C AL OPPA) CalOPPA codified as Business and Professions Code Sections 22575-22579 requires an operator of a commercial Web site or online service who collects “personally identifiable information” from California residents to provide “conspicuous” online notice of its privacy policies and comply with the provisions of such policies. The Act applies to operators of commercial Web

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 379