An Administrator's Guide to California Private School Law

Chapter 10 - Privacy Rights Of Students And Employees

collected through the Web site or online service, provide a description of that process;  Describe the process by which the operator notifies consumers who use or visit its commercial Web site or online service of material changes to the operator's privacy policy for that Web site or online service; and  Identify the effective date of the privacy policy. 1710

A sample CalOPPA-compliant electronic privacy policy is found in the Compendium. Please note that each school may collect different types of personally identifiable information and use the information for different purposes. A school’s CalOPPA policy should reflect these differences. e. Posting Requirements An operator must “conspicuously post” its electronic privacy policy on its commercial Website. The Statute defines “conspicuously post” to include any of the following:  Posting the actual privacy policy on the homepage or first significant page

after entering the Web site. The statute does not define “significant.” However, an example of a “significant” page may be where a Web site’s homepage directs the user to click an “enter” link to actually enter the full Web site. The page that the Web site navigates to after clicking “enter” would be the first significant page.  Adding an icon that hyperlinks to a Web page on which the privacy policy is posted, if the icon is located on the homepage or the first significant page after entering the Web site, and if the icon contains the word “privacy.” The icon shall also use a color that contrasts with the background color of the Web page or is otherwise distinguishable.  Adding a text link that hyperlinks to a Web page on which the actual privacy policy is posted, if the text link is located on the homepage or first significant page after entering the Web site, and if the text link does one of the following:  Includes the word “privacy.”  Is written in capital letters equal to or greater in size than the surrounding text.  Is written in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the language.  Adding any other functional hyperlink that is so displayed that a reasonable person would notice it. However, this option is vague and it is recommended that a commercial Web site operator choose options (1), (2), or (3) in order to better ensure compliance with the “conspicuous” posting requirement.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 382