Children's Online Privacy Protection Act (COPPA)

The Children's Online Privacy Protection Act (COPPA) is a U.S. federal law that was enacted in 1998 to protect the privacy of children under the age of 13 online. The law imposes certain requirements on operators of websites or online services that are directed towards children or that knowingly collect personal information from children. COPPA is enforced by the Federal Trade Commission (FTC).

Key Provisions of COPPA:

1. Parental Consent: Websites and online services covered by COPPA must obtain verifiable parental consent before collecting personal information from children under 13. This consent can be obtained through various methods, such as a signed consent form, a credit card authorization, or a video conference call.
2. Notice Requirements: Covered websites and online services must provide parents with clear and understandable notice of their information practices, including what types of personal information they collect from children, how they use the information, and the disclosure practices.
3. Access to Parents: COPPA requires operators to provide parents with the opportunity to review the personal information collected from their children and to refuse to allow its further use or maintenance.
4. Data Security: Operators covered by COPPA must take reasonable steps to ensure the security of children's personal information, including encryption, secure storage, and limited access to the information.
5. Prohibition on Targeted Advertising: COPPA prohibits the use of targeted advertising to children under 13 if the advertising is based on their personal information collected online.

Who Must Comply with COPPA?

COPPA applies to operators of commercial websites and online services that are directed towards children under the age of 13 or that knowingly collect personal information from children under 13. This includes websites, mobile apps, games, and other online services that are designed for a young audience.

Penalties for Non-Compliance:

Failure to comply with COPPA can result in significant penalties for operators. The FTC can bring enforcement actions against violators, which can lead to civil penalties of up to $42,530 per violation. In addition to monetary penalties, non-compliance can also damage the reputation of the operator and lead to loss of trust from parents and users.

Updates to COPPA:

Since its enactment in 1998, COPPA has undergone several updates to adapt to the changing digital landscape and technological advancements. In 2013, the FTC updated the COPPA Rule to address issues such as geolocation information, persistent identifiers, and plug-ins. The updates aimed to strengthen children's privacy protections and keep pace with the evolving online environment.

Compliance with COPPA:

Operators subject to COPPA must take proactive steps to ensure compliance with the law. This includes implementing mechanisms for obtaining verifiable parental consent, providing clear and concise privacy notices, establishing data security measures, and refraining from targeted advertising to children under 13 based on their personal information.

Parental Involvement and Education:

Parents play a crucial role in protecting their children's privacy online. By being aware of the websites and online services their children use, reviewing privacy policies, and discussing safe online practices with their children, parents can help safeguard their children's personal information. Education about online privacy and security is key to preventing potential risks and concerns.

Conclusion:

The Children's Online Privacy Protection Act (COPPA) serves as a vital safeguard for children's privacy online. By imposing strict requirements on operators of websites and online services that collect personal information from children under 13, COPPA aims to protect young users from potential risks and ensure their online safety. Compliance with COPPA is essential for operators to maintain the trust of parents and users, avoid penalties, and uphold children's privacy rights in the digital age.

For more information on COPPA and its requirements, you can visit the FTC's COPPA page.