Asya Calixto Answers NENPA’s Media Law Hotline “Question of the Week” on Storing Subscriber’s Information and Private Policy

Question: My paper is considering moving to a new system of storing subscriber information, and we think we should revise our privacy policy as part of this process. What should we be considering as we do so?

Answer: You should certainly update your privacy policy to reflect changes in how you collect, use, and store information about visitors to your website. The Federal Trade Commission’s latest enforcement actions serve as a reminder of the importance of being honest and transparent with your visitors. For example, the FTC reprimanded Snapchat for telling its users that messages sent through Snapchat would disappear forever several seconds after they were received, when in fact there were well-known and widely available methods for a recipient to capture and store the messages indefinitely. American Apparel also got into trouble for representing in its privacy policy that it was complying with a self-regulatory privacy program, when in fact its certification had lapsed. The lesson? Don’t make promises you can’t keep. Be realistic, and revisit your privacy policy to make sure that what you convey to visitors is consistent with your practices.

Click here to read Asya’s complete answer.

The Media Law Hotline is a service offered free of charge to NENPA members in good standing, and is staffed by the media and intellectual property lawyers at Prince Lobel Tye LLP. You can reach the NENPA Hotline at 1-888-428-7490 or by email at media@princelobel.com.

Asya Calixto

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