Municipal websites collect resident data every day—through forms, online payments, service requests, and even basic analytics. While government websites have different obligations than commercial sites, privacy still matters. This guide covers what municipalities should know about data privacy on their websites.
Understanding Government Data Privacy
Government data privacy operates in a unique context that differs from commercial privacy.
The Government Context
Public Record Obligations: Much government data is public record, subject to Freedom of Information Act (FOIA) requests. This creates tension with privacy protection.
Service Necessity: Governments must collect information to provide services—you can't issue permits without applicant information.
Trust Responsibility: Residents don't choose to interact with government the way they choose to interact with businesses. This creates heightened responsibility.
Legal Framework: Government privacy is governed by a patchwork of constitutional protections, federal laws, state laws, and local policies.
Privacy vs. Transparency
Municipalities balance competing values:
Transparency: Open government requires public access to information about government operations.
Privacy: Individuals have legitimate interests in protecting personal information.
The Balance: Public records laws typically exempt certain personal information while requiring disclosure of government actions.
Data You Collect
Understanding what you collect is the first step to protecting it.
Forms and Applications
Online forms collect significant data:
- Permit applications (names, addresses, property information)
- Service requests (contact details, location information)
- Event registration (names, emails, sometimes payment info)
- Newsletter signup (email addresses, preferences)
- Contact forms (names, emails, message content)
Payment Processing
Online payments involve sensitive financial information:
- Credit/debit card numbers
- Bank account information
- Billing addresses
- Transaction history
Most municipalities use third-party payment processors, but you're still responsible for how this data is handled.
Account Information
If you provide resident accounts:
- Usernames and passwords
- Account history
- Preferences and settings
- Service subscriptions
Analytics Data
Website analytics collect visitor information:
- IP addresses
- Device and browser information
- Pages visited and time spent
- Geographic location (approximate)
- Referral sources
Server Logs
Technical operations generate data:
- IP addresses of visitors
- Pages requested
- Error information
- Authentication attempts
Key Privacy Principles
Apply these principles to all data handling.
Data Minimization
Principle: Collect only what you need.
Application:
- Review forms for unnecessary fields
- Question whether each data point serves a purpose
- Avoid "nice to have" data collection
Example: Does a newsletter signup need anything beyond email address? Probably not.
Purpose Limitation
Principle: Use data only for the purpose it was collected.
Application:
- Don't repurpose resident data without consent
- Keep service data separate from marketing
- Be clear about how data will be used
Example: Contact information from a permit application shouldn't be used for promotional emails.
Storage Limitation
Principle: Don't keep data longer than necessary.
Application:
- Define retention periods for different data types
- Delete data when retention period expires
- Balance retention with records requirements
Example: Newsletter subscription data should be deleted when someone unsubscribes.
Security
Principle: Protect data appropriate to its sensitivity.
Application:
- Encrypt sensitive data in transit and at rest
- Limit access to those who need it
- Monitor for unauthorized access
For security details, see website security for municipalities and cybersecurity basics for local government websites.
Transparency
Principle: Be clear about what you collect and why.
Application:
- Publish a privacy policy
- Explain data collection at point of collection
- Be honest about third-party sharing
Privacy Policies
Every municipal website should have a privacy policy.
What to Include
Data Collection:
- What information you collect
- How you collect it (forms, cookies, analytics)
- Why you collect it
Data Use:
- How information is used
- Who has access internally
- When data might be shared
Data Sharing:
- Third parties who receive data (payment processors, analytics)
- Government sharing requirements (FOIA)
- Circumstances of disclosure
Data Security:
- General security measures
- No guarantees of absolute security (be honest)
Resident Rights:
- How to access their data
- How to request corrections
- How to opt out of optional collection
Cookies and Tracking:
- What cookies are used
- Purpose of tracking
- How to opt out
Contact Information:
- Who to contact with privacy questions
- How to submit requests
Writing Tips
Be Clear: Write in plain language, not legal jargon.
Be Specific: Generic policies don't build trust.
Be Honest: Don't promise more than you deliver.
Be Current: Review and update as practices change.
Where to Post
- Link in website footer (accessible from every page)
- Link on all forms before submission
- Referenced in terms of service
Third-Party Considerations
Your privacy obligations extend to third-party services.
Payment Processors
When residents pay online:
- Understand what data the processor collects
- Review processor's security certifications (PCI DSS)
- Ensure processor has appropriate privacy practices
- Include processor in your privacy policy
Analytics Services
Google Analytics and similar services:
- Collect visitor data that can be personally identifiable
- May transfer data internationally
- Have their own privacy policies
Options:
- Use privacy-focused alternatives (Plausible, Fathom)
- Configure for IP anonymization
- Disclose analytics use in privacy policy
Embedded Services
Social media feeds, videos, maps, and other embedded content:
- Often set cookies and track visitors
- May collect data you're unaware of
- Should be disclosed in privacy policy
Accessibility Overlays
If using accessibility tools:
- Understand what data they collect
- Ensure they have appropriate privacy practices
- Disclose in privacy policy
Regulatory Landscape
While no single law governs all municipal website privacy, several may apply.
State Privacy Laws
California Consumer Privacy Act (CCPA): If you have California residents using your site, some provisions may apply.
Other State Laws: Virginia, Colorado, Connecticut, and others have passed privacy laws. More states are considering them.
Your State: Check for state-specific government data protection requirements.
Children's Online Privacy Protection Act (COPPA)
If your site collects information from children under 13:
- Requires parental consent
- Limits data collection
- Requires secure handling
Practical Approach: If you don't target children, don't knowingly collect children's data, and include age restrictions where appropriate.
HIPAA
If your website handles health information (rare for most municipalities, but possible for health departments):
- Strict data protection requirements
- Significant penalties for violations
- Technical and administrative safeguards required
Public Records Intersection
FOIA/public records laws affect privacy:
- Much government data is subject to disclosure
- Privacy exemptions protect certain information
- Staff should know what's exempt and what isn't
Practical Privacy Steps
Implement these practices on your municipal website.
Form Privacy Practices
At Collection:
- Only request necessary information
- Explain why information is needed
- Link to privacy policy
- Indicate required vs. optional fields
Storage:
- Secure database storage
- Encrypted connections for submission
- Access limited to necessary staff
Retention:
- Define how long data is kept
- Delete when retention period expires
- Maintain records of deletion
Cookie Management
Identify Cookies:
- What cookies does your site set?
- What do third-party services set?
- What's the purpose of each?
Disclose:
- List cookies in privacy policy
- Consider cookie notice for visitors
Minimize:
- Remove unnecessary cookies
- Use less-invasive alternatives
Secure Data Handling
Transmission:
- HTTPS for all pages (not just forms)
- Encrypted email for sensitive data
- Secure file transfer methods
Storage:
- Encrypted databases for sensitive information
- Strong access controls
- Regular security audits
Access:
- Least privilege principle
- Individual accounts (no shared credentials)
- Access logging
Staff Training
All Staff Should Know:
- What data is collected and why
- How to handle data requests
- When to escalate privacy questions
- Security best practices
See our guide on digital infrastructure for small governments for building privacy-respecting systems.
Vendor Management
Contracts Should Address:
- Data handling requirements
- Security obligations
- Breach notification procedures
- Data return/deletion at end of contract
Ongoing:
- Monitor vendor privacy practices
- Review for compliance annually
- Plan for vendor changes
Responding to Privacy Requests
Residents may request access to their data.
Types of Requests
Access: "What data do you have about me?"
Correction: "This information is wrong; please fix it."
Deletion: "Please delete my data."
Opt-Out: "Stop using my data for [purpose]."
Response Process
- Verify identity: Confirm the requester is who they claim
- Locate data: Search all systems for relevant information
- Evaluate: Can you fulfill the request? Any legal barriers?
- Respond: Timely response with data or explanation
- Document: Keep records of requests and responses
Balancing with Public Records
Some data you can't delete because of records retention requirements. Be prepared to explain:
- What can be deleted
- What must be retained and why
- How retained data is protected
Privacy Incidents
Despite best efforts, privacy incidents occur.
Detection
Watch For:
- Unauthorized access reports
- Data appearing where it shouldn't
- Complaints from residents
- Security system alerts
Response
- Assess: What data was affected? How many people?
- Contain: Stop ongoing unauthorized access
- Notify: Legal requirements for breach notification vary by state
- Remediate: Fix the vulnerability that allowed the incident
- Document: Maintain records for compliance purposes
Notification Requirements
Many states require breach notification:
- Timelines vary (often 30-60 days)
- Content requirements vary
- May need to notify state agencies
- May need to offer credit monitoring
Know your state's requirements before an incident occurs.
Building Privacy Into Your Website
When building or redesigning your municipal website:
Design Phase:
- Privacy assessment of proposed features
- Data flow mapping
- Third-party service evaluation
Development:
- Security built in, not added on
- Accessibility compliance (privacy includes universal access)
- Testing for data handling
Ongoing:
- Regular privacy reviews
- Policy updates
- Staff training
At CivicSitePro, we build privacy considerations into our municipal website design process. Our maintenance services include ongoing security and privacy support.
Have questions about privacy on your municipal website? Request a free audit or book a consultation to discuss your needs.