The staff of the Federal Trade Commission (“FTC”) has released updated guidance on how the Children’s Online Privacy Protection Act (“COPPA”) and its implementing regulations apply to schools and educational online services through revisions to the Frequently Asked Questions (“FAQS”) that are published on the FTC website.  For a comparison between the old and new school FAQs, please click here.  The FAQs constitute informal guidance, but they are useful for understanding how FTC staff interprets COPPA’s application in different contexts.  Here is a brief summary:

• The revised FAQs do not change the circumstances under which schools can provide verifiable parental consent on behalf of parents, that is, when an operator collects personal information from students “for the use and benefit of the school, and for no other commercial purposes.”  Examples of prohibited commercial purposes include online behavioral advertising and “building user profiles for commercial purposes not related to the provision of the online service” to the school.

• While the prior FAQs noted that, in such circumstances, operators should provide schools with robust notice about their data collection, use, and sharing practices, the revised FAQs suggest that these disclosures should track the direct notice requirements outlined in the COPPA Rule.  In COPPA FAQ M.1, FTC staff explains that “the operator must provide the school with all the required notices.”

Continue Reading FTC Staff Updates Guidance on “COPPA and Schools” Through Revised FAQs