Getting Started With Writing a Policy

To prepare to write a privacy policy a few things should be researched.  Here are few items to consider

-What information is collected?

-Do you make sales?
-Collect payment information?  Is it stored?
-Do you save inquiries?
-Do you have a web site?  Are Internet cookies used?  How long are the web log files maintained?
-Is information combined to create a profile?  Does this include combining third party information?
-Do you report information to third parties?
-Do you distribute information to third parties?
-Do you have third parties use information for marketing campaigns?
-Do you conduct telemarketing or fax marketing to current or perspective cutomers?
-Do you conduct e-mail marketing?
-Do you have third party e-mail marketers?  Do you know what they are doing?
-Do you have affiliates/partners conducting marketing?
-Are there long term plans to sell/merge the company and transfer the data to the new owners?
-Is your service used by children?  Have you considered children who use your web site?

Do users have control over the information:

-Is there reasonable contact information?
-Is a user’s information reviewable?
-Can a user correct information?
-Can a user review the third party information and correct that?
-Can a user review any information distributed to third parties?
-Can a user opt-out of marketing?  How are third party marketers notified?  Will a user’s information continue to reappear on marketing lists after removal requests?  Do you have control/knowledge about what third party marketers are doing?
-Are deceased prior customers easily removed?
-Are do not call lists maintained for telemarketing?
-Is the National Do-Not-Call registry used?
-Are the Direct Marketing Association’s do-not mail/e-mail/call lists honored?

What laws affect your operation?

-Data retention laws?
-Do not call laws (state/federal)?
-Do not spam laws?
-Banking laws?
-Could your activities put your web site or e-mail on Internet “blacklists”?
-Credit laws?  Are credit reports accessed?  Are collection actions taken?
-Could law enforcement request information you have in an emergency?
-Are you a government entity or doing work on behalf of one? 
-Do you transfer information to other countries that have legal requirements?
-Is the Federal Privacy Act or other similar laws relevant?