On May 31, 2019, the Cyberspace Administration of China (“CAC”) released the draft Regulation on the Protection of Children’s Personal Information Online (“Draft Regulation”) for public comment. (An official Chinese version is available here and an unofficial English translation of the Draft Regulation is available here.) The comment period ends on June 30, 2019. As mentioned … Continue Reading
Earlier this month, the UK’s Information Commissioner’s Office published a draft code of practice (“Code”) on designing online services for children. The Code is now open for public consultation until May 31, 2019. The Code sets out 16 standards of “age appropriate design” with which online service providers should comply when designing online services (such … Continue Reading
Having received Royal Assent on May 23, 2018, the UK Data Protection Bill is now an Act of Parliament. The Data Protection Act 2018 (the “Act”) implements the General Data Protection Regulation (“GDPR”) and replaces the UK Data Protection Act 1998. Notable provisions that make use of the ability of Member States to implement different … Continue Reading
In both the Senate and the House, a bipartisan group of lawmakers has reintroduced a bill to update the Children’s Online Privacy Protection Act of 1998 (COPPA). Sens. Ed Markey (D-Mass.) and Richard Blumenthal (D-Conn) and Reps. Joe Barton (R-Texas) and Bobby Rush (D-Ill.) have introduced the Do Not Track Kids Act. The bill would … Continue Reading
On Monday, the Federal Trade Commission (FTC) entered into a settlement with Nevada-based Prime Sites, Inc., doing business as Explore Talent, related to charges that Explore Talent violated the Children’s Online Privacy Protection Act (COPPA). Explore Talent, an online talent search company, will pay $235,000 in civil penalties. According to the FTC’s complaint, Explore Talent … Continue Reading
The Article 29 Working Party (WP29) has published long-awaited draft guidance on transparency and consent under the General Data Protection Regulation (“GDPR”). We are continuing to analyze the lengthy guidance documents, but wanted to highlight some immediate reactions and aspects of the guidance that we think will be of interest to clients and other readers … Continue Reading
Earlier this week, the Federal Trade Commission and Department of Education announced plans to hold a joint workshop on the application of the Children’s Online Privacy Protection Act (“COPPA”) and the Family Educational Rights and Privacy Act (“FERPA”) to educational technology products and services in the K-12 school environment. In advance of the workshop, the … Continue Reading
The FTC staff published today a “Six-Step Compliance Plan” for businesses to comply with the Children’s Online Privacy Protection Act (COPPA). The guidance, which provides a useful framework for businesses, states explicitly that COPPA applies to connected toys and other devices that collect personal information from children over the Internet. The FTC’s 2013 revisions to the COPPA Rule greatly expanded … Continue Reading
Yesterday, the Supreme Court denied certiorari in In re Nickelodeon Consumer Privacy Litigation, a case addressing whether static digital identifiers like internet protocol (IP) addresses qualify as personally identifiable information (PII) under the Video Privacy Protection Act (VPPA). As a result, the Third Circuit’s June 27, 2016 decision in the case—which held that IP addresses … Continue Reading
China’s top internet regulator, the Cyberspace Administration of China (“CAC”), continues to show interest in setting more stringent rules governing the protection of minors in the context of online activities and data privacy. Immediately prior to the October holiday, CAC released for public comment new draft regulations aimed at protecting minors on the Internet, the … Continue Reading
In an example of successful industry self-regulation, the website DorkDiaries.com revised its privacy practices for children’s data, following an inquiry from the Children’s Advertising Review Unit (CARU). CARU, the children’s arm of the advertising industry’s system of self-regulation, monitors advertising to children in all media. As part of that effort, it examines websites and apps … Continue Reading
Under the Children’s Online Privacy Protection Act (COPPA), operators of certain websites, mobile applications, and other online services must provide parents notice and obtain verifiable parental consent before collecting, using, or disclosing personal information from children under the age of 13 online. The FTC has approved a new facial-recognition based method to comply with COPPA, … Continue Reading
By Megan L. Rodgers What information is being collected by mobile apps and websites directed at kids? With whom is that information shared? What notice is provided to parents? Regulators in the U.S. and abroad continue to focus on these issues. The FTC recently released a follow-up report on privacy notices in mobile apps directed … Continue Reading
By Ani Gevorkian The FTC has issued a request for public comment regarding Riyo’s application to recognize a new proposed verifiable parental consent method under the FTC’s Children’s Online Privacy Protection Act Rule. The Rule, which implements the Children’s Online Privacy Protection Act (COPPA), requires certain website operators, mobile applications, and other online services to … Continue Reading
In late December 2014, the FTC staff sent China-based mobile app developer BabyBus a letter warning the company that several of its apps may violate the FTC’s Children’s Online Privacy Protection Act (COPPA) Rule. Staff alleged that the apps are marketed for young children and “use cartoon characters to teach children letters, counting, shapes, music, … Continue Reading
The Federal Trade Commission (“FTC”) recently reiterated its support for the use of “common consent” mechanisms that permit multiple operators to use a single system for providing notices and obtaining verifiable consent under the Children’s Online Privacy Protection Act (“COPPA”). COPPA generally requires operators of websites or online services that are directed to children under … Continue Reading
Yesterday, several big tech companies that offer educational and school services signed the “Student Privacy Pledge,” introduced by the Future of Privacy Forum (“FPF”) and The Software & Information Industry Association (“SIIA”) to safeguard student privacy as it relates to the collection, maintenance, and use of students’ personal information. Among the fourteen education tech companies … Continue Reading
Making good on its warnings that mobile apps will be an enforcement priority under the revised Children’s Online Privacy Protection Act (“COPPA”) Rule, the FTC has announced two settlements with mobile app developers: TinyCo., the developer of several child-directed mobile apps, will pay $300,000 to settle charges that it violated COPPA by collecting children’s email addresses through its mobile app … Continue Reading
The FTC staff has posted revisions to three Frequently Asked Questions (“FAQs”) related to obtaining verifiable parental consent under its COPPA Rule. For a comparison of the old and new FAQs, click here. Although the changes (which include a new FAQ H.16) may appear substantial, they mostly reaffirm the FTC’s longstanding position that the agency’s … Continue Reading
The FTC has denied AssertID’s request to recognize a new method for obtaining verifiable parental consent for the online collection, use, and disclosure of personal information from children under 13. The application was the first of its kind to be filed since the FTC added a voluntary parental consent approval process to its revised rule implementing … Continue Reading
Earlier this month, we blogged about the California Senate’s passage of the bill titled “Privacy Rights for California Minors in the Digital World”, which prohibits certain targeted advertising to California minors and requires that minors be allowed to delete materials they have posted online. Yesterday, California Governor Jerry Brown signed the legislation, and it will … Continue Reading
Last Friday the California Senate unanimously passed legislation titled, “Privacy Rights for California Minors in the Digital World,” which prohibits certain types of marketing to minors (defined as a natural person under the age of 18 residing in California) and allows minors to delete materials they have posted online. The bill, which already cleared the … Continue Reading
The Federal Trade Commission has sent letters to more than 90 different companies who develop mobile apps that the FTC claims may be directed to children. The letters emphasize that the FTC has not evaluated the apps or the companies’ practices to determine if they comply with the current or revised COPPA Rule. Instead, the letters remind these … Continue Reading
The Federal Trade Commission (FTC) has voted unanimously to retain the July 1, 2013 effective date for its revisions to the rule implementing the Children’s Online Privacy Protection Act (COPPA). As we previously wrote, the FTC adopted significant revisions to the COPPA rule in December 2012 and established a July 1, 2013 effective date. In … Continue Reading
