iLegal – The Children’s Online Privacy Protection Act (COPPA) – A Brief Introduction

I’ve had many people tell me that COPPA doesn’t apply to their data collection, and they do so with some confidence. Yet often when I ask them to what or whom does COPPA apply, they are unable to provide a simple summary. Knowing the basics of the law is the first step towards making sure you are in compliance. You don’t need to be an expert; so let’s just cover what you really need.

1. What is the Children’s Online Privacy Protection Rule?

Congress enacted the Children’s Online Privacy Protection Act (COPPA) in 1998 and the Federal Trade Commission (FTC) issued and began to enforce rules concerning children’s online privacy in 1999. The Children’s Online Privacy Protection Rule, 16 C.F.R. Part 312, became effective on April 21, 2000. Since its inception, the main purpose of COPPA and the Rule is to place parents in control over the collection of online information from their children.

2. Does it apply to you? The Rule applies to operators of commercial websites and online services directed to children under 13 that collect, use, or disclose personal information from children, and operators of general audience websites or online services with actual knowledge that they are collecting, using, or disclosing personal information from children under 13. In other words, you don’t have to intend to collect information from kids, you just have to know it’s happening.

3. If the rule applies to your online activities, you must:

1. Post a clear and comprehensive privacy policy on your website describing your information practices for children’s personal information;

2. Provide direct notice to parents and obtain verifiable parental consent, with limited exceptions, before collecting personal information from children;
3. Give parents the choice of consenting to the collection and internal use of a child’s information, but prohibiting you from disclosing that information to third parties;
4. Provide parents access to their child’s personal information to review and/or have the information deleted;
5. Give parents the opportunity to prevent further use or online collection of a child’s personal information;

6. Maintain the confidentiality, security, and integrity of information you collect from children.

In addition, the Rule prohibits you from conditioning a child’s participation in an online activity on the child’s providing more information than is reasonably necessary to participate in that activity.

4. Additional Resources

A. FTC Website section on “Children’s Privacy” www.ftc.gov/privacy/privacyinitiatives/childrens.html.

Here you’ll find guides for businesses, parents, and teachers, and information about FTC approved COPPA safe harbor programs; FTC cases brought to enforce COPPA, and announcements of future activities.

Take some time to familiarize yourself with the guidelines, and you’ll be sure to steer clear of trouble in regard to COPPA. Protecting the online data of children is everyone’s duty. In order to assist you in doing so effectively, the FTC has provided excellent guidance.

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Come back to the iLegal column every week as we get specific about the rules, regulations, laws and trends that affect the online advertising industry. Each week we discuss important legal issues, talk about how to avoid the pitfalls, and cover the breaking legal and regulatory advertising industry news.

Legal Disclaimer: Information conveyed in this column is provided for informational purposes only and does not constitute legal advice. These materials do not necessarily reflect the opinions of Digital Moses, and is not guaranteed to be complete, correct, or up-to-date. The column is provided for "information purposes" only and should not be relied upon as "legal advice." This information is not intended to substitute for obtaining legal advice from an attorney. No person should act or rely on any information in this column without seeking the advice of an attorney.

Mark Meckler is the General Counsel for UniqueLeads.com, Inc., and Unique Lists, Inc. Mark sits on the eCommerce and Technology Committee of the Association of Corporate Counsel, and is a member of the International Association of Privacy Professionals.

Copyright 2007 Mark J. Meckler