Senator Rockefeller, Chairman of the Senate Commerce Committee, has asked Apple, Google, and the Association for Competitive Technology to respond to questions to help determine whether the applications running on their mobile platforms comply which the Children’s Online Privacy Protection Act (COPPA). COPPA requires operators of certain websites and online services to obtain parental consent before collecting, using, or disclosing personal information from children under the age of 13.

It is not entirely clear whether COPPA applies to mobile applications. In connection with a review of the regulations implementing COPPA, the Federal Trade Commission asked for public comment on whether COPPA’s text is broad enough to cover mobile applications. Separately, Rep. Markey introduced a bill last week that would amend COPPA to explicitly cover “mobile applications” and “online applications” — terms which would be defined by the FTC.

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Photo of Lindsey Tonsager Lindsey Tonsager

Lindsey Tonsager co-chairs the firm’s global Data Privacy and Cybersecurity practice. She advises clients in their strategic and proactive engagement with the Federal Trade Commission, the U.S. Congress, the California Privacy Protection Agency, and state attorneys general on proposed changes to data protection…

Lindsey Tonsager co-chairs the firm’s global Data Privacy and Cybersecurity practice. She advises clients in their strategic and proactive engagement with the Federal Trade Commission, the U.S. Congress, the California Privacy Protection Agency, and state attorneys general on proposed changes to data protection laws, and regularly represents clients in responding to investigations and enforcement actions involving their privacy and information security practices.

Lindsey’s practice focuses on helping clients launch new products and services that implicate the laws governing the use of artificial intelligence, data processing for connected devices, biometrics, online advertising, endorsements and testimonials in advertising and social media, the collection of personal information from children and students online, e-mail marketing, disclosures of video viewing information, and new technologies.

Lindsey also assesses privacy and data security risks in complex corporate transactions where personal data is a critical asset or data processing risks are otherwise material. In light of a dynamic regulatory environment where new state, federal, and international data protection laws are always on the horizon and enforcement priorities are shifting, she focuses on designing risk-based, global privacy programs for clients that can keep pace with evolving legal requirements and efficiently leverage the clients’ existing privacy policies and practices. She conducts data protection assessments to benchmark against legal requirements and industry trends and proposes practical risk mitigation measures.