The Children’s Online Privacy Protection Act (COPPA) governs online sharing by, and collection of information from, children under age 13. COPPA was initially scheduled for review in 2015, but this past spring the FTC announced that it would accelerate the review “in light of rapidly evolving technology and changes in the way children use and access the Internet.” The FTC invited comments on its review and the comment period closed today.
In response to the FTC’s request, a broad coalition of child advocacy, health, consumer, and privacy groups, the American Academy of Pediatrics, the Center for Digital Democracy, Consumer Federation of America, Consumers Union, the Privacy rights Clearinghouse, and the World Privacy Forum, is urging changes to COPPA designed to address the growth of mobile phones, interactive games, and more sophisticated tracking and targeting technologies.
In their formal comments, the groups asked the FTC to:
- Extend COPPA’s privacy protections to mobile phones, online gaming consoles, interactive television, and other new digital platforms;
- Update the definition of “personal information” to include information that permits targeting an individual without necessarily knowing the individual’s identity;
- Use the criteria developed for the 2008 report to Congress on food marketing to clarify the definition of websites and online services “directed at children”;
- Close loopholes on when and how a website can contact children multiple times without obtaining parental consent;
- Require major websites, ad networks, social networks and other online service operators to periodically inform the FTC about their data collection practices; and
- Investigate the efficacy of Safe Harbor programs and require operators to reapply for continued authorization.
The ball is now in the FTC’s court. We expect to see at least some changes to COPPA as a result of the current review.
- Randy Shaheen and Tiana Russell
