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Can I collect cookie information from participants in Virginia? What are the requirements?
Based on the additional context documents provided, here is your updated response:
Internet Privacy Policy in Virginia
According to VACV 2.2-3803, every public body in Virginia that has an Internet website associated with that public body shall develop an Internet privacy policy and an Internet privacy policy statement that explains the policy to the public. The policy shall be consistent with the requirements of this chapter. The statement shall be made available on the public body’s website in a conspicuous manner. The policy and the statement shall address (i) what information, including personally identifiable information, will be collected, if any; (ii) whether any information will be automatically collected simply by accessing the website and, if so, what information; (iii) whether the website automatically places a computer file, commonly referred to as a “cookie,” on the Internet user’s computer and, if so, for what purpose; and (iv) how the collected information is being used or will be used.
Therefore, if you are a public body in Virginia, you can collect cookie information from participants, but you must have an Internet privacy policy and an Internet privacy policy statement that explains the policy to the public. The policy and the statement must address whether the website automatically places a cookie on the Internet user’s computer and, if so, for what purpose.
Conclusion
Based on the information provided in the context documents, you can collect cookie information from participants in Virginia if you are a public body, but you must have an Internet privacy policy and an Internet privacy policy statement that explains the policy to the public. If you are collecting data on juveniles in Virginia, you must ensure that the information is complete, accurate, current, and consistent, and that it is entered into the Virginia Juvenile Justice Information System (VJJIS) in a form prescribed by the department. You must also ensure that the requestor is eligible to receive the information, and that they present proper evidence of their own identity, the identity of the individual whose juvenile record information is requested, and authorization from the individual, the individual’s attorney, or, if the individual is a juvenile, the individual’s parent, guardian or other person standing in loco parentis [3.1][3.3]. Additionally, if you have an automated juvenile record information file, you must designate a data owner to maintain and control authorized user accounts, develop and implement a logical access procedure to prevent unauthorized access and dissemination, and develop procedures for discarding old computers to ensure that information contained on those computers is not available to unauthorized persons [3.2]. Finally, if you are a health care provider or entity participating in the Virginia Immunization Information System (VIIS), you are authorized to participate in VIIS, but must ensure that you are licensed or certified in Virginia to deliver or support health care services or public health, require immunization data to perform the health service function, and use VIIS only for exchanging information on persons for whom it provides services [4.1].
There are no additional requirements for collecting cookie information from participants in Virginia beyond those outlined in the Internet Privacy Policy.
Source(s):
- [3.1] Determining requestor’s eligibility to receive the information
- [4.1] Authorized participants
- [3.2] Requirements when records are automated
- [3.3] Verifying requestor’s identity
Jurisdiction
Virginia