Children’s Online Privacy Protection Act (COPPA)

References:

FTC COPPA FAQ (Must read!! Plan to read this once or twice while preparing for the exam)
COPPA Safe Harbor Program

Details

Who Gives Consent: Parents must provide consent, since minors are not of age.
Who: Enforced by the Federal Trade Commission
Why: Passed specifically to protect children’s use of the Internet, particularly websites and services targeted toward children.
What-Notice: requires website operators to provide clear and conspicuous notice of the data collection methods employed by the website, including functioning hyperlinks to the website privacy policy on every web page where personal information is collected.
Limitations:
- - Commercial websites only. Does not apply to non profits that are not tied to commercial activity.
  - No national security exception, thus no way for federal agents to extract info protected by COPPA (GLBA has an exception for a matter related to public safety)

Does not preempt state laws (COPPA covers under 13, states can make up for the gap and provide protection for 13 to 18)

California’s Privacy Rights for California Minors in the Digital World
- - Individuals under age of 18 have the right to request removal of info posted online
  - Prohibits online advertising to minors related to products that these consumers are not legally permitted to buy and also restricts certain online advertising practices based on the minors’ P.I
Delaware’s Online and Personal Privacy Protection Act
- - Contains similar categories of restrictions related to advertising to minors
  - No private right of action

• Requires website operators to provide clear and conspicuous notice of the data collection methods employed by the website, including functioning hyperlinks to the website privacy policy on every web page where personal info is collected.

• Requires consent by parents prior to collection of personal info for children under 13

• No mention of a national security exception for disclosure

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