Updates on developments in data privacy and cybersecurity
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…
As part of our continuing coverage of the Congressional Privacy Bill, we provide below a deeper examination and explanation of Title II of the bill, the Do Not Track Kids Act of 2015. The Do Not Track Kids Act of 2015 amends the Children’s Online Privacy Protection Act (“COPPA”) by making its protections more expansive and robust. Specifically, the bill extends COPPA’s protections to teenagers, expands the scope of the entities subject to COPPA’s provisions, and imposes new obligations on those entities.
COPPA currently requires websites and online services that knowingly collect information from children under the age of 13 or that are targeted toward children under the age of 13 to make certain disclosures and obtain parental consent before collecting and using personally identifiable information obtained from children.
Continue Reading Congressional Privacy Bill: Do Not Track Kids Act of 2015
By Caleb Skeath
As we reported yesterday, the Congressional Privacy Bill has been released, following the release of the White House’s proposal for a privacy bill in late February. The bill contains the Commercial Privacy Rights Act of 2015, the Congressional counterpart to the White House’s proposal, along with data breach notification provisions and the “Do Not Track Kids Act of 2015,” which proposes substantial revisions to the Children’s Online Privacy Protection Act (COPPA). As with the White House proposal, the Privacy Rights Act would implement a comprehensive regime of substantive privacy requirements. Our analysis of the Commercial Privacy Rights Act is below, and we will separately post further analysis of the data breach provisions as well as the Do Not Track Kids Act.
Continue Reading Congressional Privacy Bill: Commercial Privacy Rights Act of 2015
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, and matching.” The FTC claimed the company must comply with the COPPA Rule’s notice, verifiable parental consent, and other requirements because some of the apps collect precise geolocation information that is shared with third parties, such as advertising networks or analytics companies. The letter warned that staff will review the apps again and encouraged the developer to take steps to comply with COPPA.
Continue Reading FTC Warns Foreign Mobile-App Developer To Comply With COPPA
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…
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:
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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…
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:
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Continue Reading FTC Staff Updates Guidance on “COPPA and Schools” Through Revised FAQs
Last weekend at South by Southwest (“SXSW”) Interactive, a panel promoted the notion that it is in fact possible to harmonize innovation with kids’ privacy in the app space, but that doing so involves “a lot of work.” In particular, the panel suggested that it takes a conscious desire on the part of app developers to create brands and interfaces that build in transparency, with the specific purpose of inspiring parent trust. The panel featured Lorraine Akemann, Co-Founder of Moms with Apps; Elana Zeide, Privacy Research Fellow at New York University’s Information Law Institute; and moderator Sara Kloek, Director of Outreach at the Association for Competitive Technology. It was one of the few privacy events at SXSW Interactive focused on children.…
Continue Reading Covington at #SXSW: Can Innovation and Kids’ Privacy Coexist?
The Center for Digital Democracy (“CDD”) recently filed requests for investigation with the Federal Trade Commission (“FTC”) claiming that Marvel Entertainment and Sanrio Digital failed to comply with the Children’s Online Privacy Protection Act’s (“COPPA”) notice and consent requirements.
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