Childrens Online Privacy Protection Act
Children's Online Privacy Protection Act
The Children's Online Privacy Protection Act (COPPA) is a United States federal law enacted to protect the online privacy and personal information of children under the age of 13.
Overview
The Children's Online Privacy Protection Act aims to regulate the collection, use, and disclosure of personal information from children by commercial websites, online services, and mobile apps. COPPA imposes requirements on operators of websites and online services directed to children, as well as those that knowingly collect personal information from children, to obtain parental consent, provide privacy notices, and establish data security measures.
Key Provisions
Key provisions of the Children's Online Privacy Protection Act include:
- Parental Consent: Requiring operators of websites and online services directed to children, or those that knowingly collect personal information from children, to obtain verifiable parental consent before collecting, using, or disclosing personal information from children under the age of 13.
- Privacy Notice: Mandating operators to post a clear and comprehensive privacy policy on their websites or online services, outlining the types of personal information collected from children, the purposes for which it is used, and the practices for disclosure to third parties.
- Data Security: Requiring operators to implement reasonable security measures to protect the confidentiality, integrity, and security of children's personal information, including safeguards against unauthorized access, disclosure, alteration, or destruction.
- Access and Correction: Providing parents with the right to review, access, and request corrections to their children's personal information collected by operators, as well as the option to revoke consent and request deletion of the information.
- Prohibited Practices: Prohibiting operators from conditioning a child's participation in online activities, such as games, contests, or sweepstakes, on the provision of more personal information than is reasonably necessary for the activity.
Compliance Requirements
To comply with the Children's Online Privacy Protection Act, operators of websites and online services must:
- Obtain Verifiable Parental Consent: Obtain verifiable parental consent before collecting, using, or disclosing personal information from children, using methods such as email, postal mail, fax, or credit card verification.
- Provide Notice to Parents: Provide parents with notice of the operator's data collection practices, including the types of personal information collected, the purposes for which it is used, and the disclosure practices to third parties.
- Implement Data Security Measures: Implement reasonable security measures to protect children's personal information from unauthorized access, disclosure, alteration, or destruction, using encryption, access controls, and other safeguards.
- Maintain Records: Maintain records of parental consent, privacy notices, data security practices, and other compliance efforts to demonstrate adherence to COPPA requirements.
- Designate a Privacy Officer: Designate a privacy officer or responsible individual within the organization to oversee COPPA compliance efforts, coordinate with third-party service providers, and respond to inquiries or complaints from parents or regulatory authorities.
Enforcement and Penalties
The Children's Online Privacy Protection Act is enforced by the Federal Trade Commission (FTC), which has the authority to investigate violations, impose civil penalties, and bring enforcement actions against operators that fail to comply with COPPA requirements. Penalties for non-compliance with COPPA can include fines of up to $42,530 per violation.
