Children

The European Data Protection Supervisor (“EDPS”) has issued an opinion on Europe’s strategy for protecting children on the Internet.  The European Commission consults with the EDPS on a variety of data protection issues.  However, the opinions of the EDPS are not legally binding. 

Among other things, the EDPS expressed support for: 

  • The implementation of technical tools, such as age-appropriate default privacy settings, to enhance the privacy of children online.     
  • Clear notice about the impact a change to a default setting would have on a child’s privacy and the potential harm it may cause. In particular, the EDPS suggested that in some circumstances a child might not be permitted to change the default settings, or might change the defaults only with parental consent, stating that the “extent to which a child may change the default privacy settings should also be linked to the age and level of maturity of the child.  It should be explored to what extent, and within which age group, parental consent would be required to validate a change of privacy settings.” 
  • A requirement that service providers inform children about the level of sensitivity of each piece of information they provide when creating an online profile and about the potential risks or harms they may encounter when such information is disclosed to a defined group of people or to the public. 
  • A restriction on industry’s ability to create online behavioral advertising segments that target children.
  • A legal mandate for industry to deploy an EU-wide reporting tool for content that is harmful to children.

Continue Reading European Data Protection Supervisor Issues Opinion on Children’s Privacy

Earlier today, members of Congress and regulators gathered for a symposium on “The Impact of Media on the Health & Well-Being of Children.”   Participants included Congressman Edward Markey (D-MA), Congresswoman Debbie Wasserman Schultz (D-FL), Senator Richard Blumenthal (D-CT), Jon Leibowitz, Chairman, Federal Trade Commission, and Mignon Clyburn, Commissioner, Federal Communications Commission, as well as researchers and members of the public interest community.  In response to a question, Chairman Leibowitz informed the audience that the FTC expects to issue a revised Children’s Online Privacy Protection Act (“COPPA”) Rule by “the end of the year and hopefully sooner.” 

During their remarks, Congressmen Markey and Wasserman Shultz each expressed support for the Do Not Track Kids Act of 2011 (H.R. 1895), which we have blogged about here.  The bill would expand privacy protections for minors under the age of 18, including a prohibition on the use of personal information for targeted marketing to minors and a requirement that website operators provide “eraser buttons” to enable the deletion of personal information shared publicly by minors.  Senator Blumenthal also indicated that he was supportive of the legislative proposal, which he described as “common sensical,” although he stated that there likely would be substantial concern among advertisers and other stakeholders about implementation issues.Continue Reading Members of Congress Examine Impact of Media and Marketing On Children

The FTC has decided not to pursue an enforcement action against Clearwater Aquarium for alleged violations of the Children’s Online Privacy Protection (“COPPA”) Rule. 

In February 2012, the Children’s Advertising Review Unit (“CARU”) referred the Clearwater Aquarium’s website to the FTC for review under COPPA after the Aquarium reportedly did not…

Continue Reading FTC Refers Children’s Privacy Case Back To CARU

Recently, the Federal Trade Commission announced that it has settled charges against RockYou, a game and entertainment website.  The FTC alleged that RockYou knowingly collected email addresses and passwords and other information from 179,000 children without their parents’ consent.  It also alleged that RockYou failed to employ adequate security features to protect the information of its 32 million users.  The FTC claimed that RockYou’s actions violated the Children’s Online Privacy Protection Act (COPPA) Rule and Section 5 of the FTC Act, which prohibits unfair and deceptive trade acts.  As part of its settlement, RockYou agreed to pay $250,000.

The FTC alleged that in addition to collecting email addresses and passwords from users, including children, RockYou’s features enabled children to create profiles and upload personal information on picture slide shows.  According to the FTC, because the company collected users’ birth years, it knew that many of the people from whom it collected were children under the age of 13.  Under the COPPA Rule, websites collecting personal information from children under the age of 13 must obtain parental consent prior to information collection and must maintain a privacy policy detailing information collection practices with respect to children.  The FTC alleges that RockYou did not meet these requirements.  It also alleges that RockYou did not maintain adequate security for personal data despite making public assurances regarding its security features and despite the COPPA Rule’s requirement that companies maintain reasonable security procedures with respect to children’s personal information.Continue Reading RockYou Reaches Settlement With FTC Over Child Privacy and Data Security Allegations

Over the last few weeks, a number of cosponsors have been added to the Do Not Track Kids Act of 2011 (H.R. 1895), bringing the total number of cosponsors to 29.  The bill was introduced by Rep. Markey and Rep. Barton on May 13, 2011.  Earlier this month, the two members also hosted a…

Continue Reading Do Not Track Kids Bill Gains Cosponsors

The FTC staff released a report today calling for participants in the mobile app ecosystem — including app developers, app stores, and third parties who collect data through mobile apps — to provide better privacy notices to parents about mobile apps directed to children, and warning that over the next six months, staff…

Continue Reading FTC Report Calls For More Notice Involving Mobile Apps Directed To Kids, Warns Enforcement Could Come Over Next Six Months

The House Energy and Commerce Committee’s Subcommittee on Commerce, Manufacturing and Trade held the latest in its series of hearings on Internet privacy Wednesday morning. The hearing — titled “Protecting Children’s Privacy in an Electronic World” — focused on the Federal Trade Commission’s proposed updates to the regulations implementing the Children’s Online Privacy Protection Act (COPPA), which generally bars website operators from collecting or disclosing personal information from children under 13 without first obtaining parental consent. Lawmakers and witnesses also discussed whether Congress should enact additional legislation, particularly to protect teenagers. Click the jump to see a summary of some of the key issues addressed at the hearing and in witness’ prepared statements.Continue Reading House Subcommittee Discusses COPPA Updates, Teen Privacy

Politico and other news sources are reporting that the House Energy and Commerce Committee’s Subcommittee on Commerce, Manufacturing and Trade plans to hold a hearing on the FTC’s proposed revisions to the Children’s Online Privacy Protection Act rule.  We previously analyzed the FTC’s proposal here. 

The hearing has not…

Continue Reading House Subcommittee to Examine COPPA Reform

Last week, the Federal Trade Commission (FTC) engaged in several efforts to build public awareness regarding the risks to children of identity theft.  Schools and other institutions that handle data from children may consider reviewing the FTC’s outreach material, as it can offer helpful insight on FTC views.  Additionally, the…

Continue Reading FTC Focuses on Identity Theft From Children

Last week, the Supreme Court issued its much anticipated decision in the Brown v. Entertainment Merchant’s Association case.  Justice Scalia, writing for Justices Kennedy, Ginsburg, Sotomayor, and Kagan, held that a California law restricting the sale or rental of violent video games to minors, and mandating “18” labels for such games, violates…

Continue Reading Supreme Court Reaffirms Application of First Amendment to Children