What is the Children’s Online Privacy Protection Act (COPPA)?
The Children’s Online Privacy Protection Act (COPPA) is a United States federal law enacted by Congress in 1998 to address concerns about the online privacy of children under the age of 13.
This legislation responded to the growing prevalence of internet usage among children and the corresponding increase in the collection and use of children’s personal information by websites and online services.
Scope and Application
COPPA imposes specific requirements on operators of websites or online services directed to children under 13 years of age and on operators of other websites or online services that know they are collecting personal information from a child under 13 years of age.
The primary goal of COPPA is to give parents control over what information is collected from their young children online. The Rule was designed to protect children while accounting for the dynamic nature of the Internet.
The Rule applies to operators of commercial websites and online services (including mobile apps) directed to children under 13 that collect, use, or disclose personal information from them. It also applies to operators of general audience websites or online services with actual knowledge that they are collecting, using, or disclosing personal information from children under 13.
What are the 5 Key Provisions of COPPA?
At its core, COPPA sets several requirements for websites and online services targeting children. These requirements ensure that parents are informed about (and have control over)their children’s online personal information.
1. Privacy Policies
A cornerstone of COPPA is the obligation for websites and online services to maintain a clear, comprehensive privacy policy. This policy must detail the personal information collected from children, the usage of such data, and its disclosure particulars.
This policy must be easily accessible and understandable, ensuring parents are fully informed about the data practices concerning their children’s information.
2. Parental Consent
COPPA mandates acquiring verifiable parental consent before collecting personal information from children.
Websites and services must employ robust methods to verify that consent is given by the parent, including signed forms, credit card verification, digital certificates, or a combination of these methods.
This provision ensures that parents have a decisive say in whether and how their child’s information is collected and used.
3. Direct Notice to Parents
Websites and online services are required under COPPA to provide direct notice to parents about their information collection, use, and disclosure practices.
This involves ensuring parents receive clear, comprehensive notice before personal information is collected from their children, emphasizing transparency and parental involvement.
4. Internal Use Consent Option
COPPA allows websites to offer parents the option to consent to collecting and using their child’s personal information for internal purposes only, without permitting its disclosure to third parties.
This provision offers a nuanced approach to consent, enabling parents to limit the use of their child’s information to the originating site or service.
5. Rights to Review and Delete
An essential provision under COPPA grants parents the right to review the personal information collected from their children and to request its deletion.
The right also includes the right to refuse further collection or use of the child’s information, providing parents with significant control over their child’s digital footprint.
How is the COPPA Enforced?
The enforcement of the Children’s Online Privacy Protection Act (COPPA) is primarily the responsibility of the Federal Trade Commission (FTC), which utilizes a combination of regulatory authority, penalties, and collaborative efforts to ensure compliance and protect children’s online privacy.
Federal Trade Commission (FTC) Authority
The FTC plays a critical role in enforcing COPPA, wielding the power to issue regulations and ensure adherence to the Act. Violations can lead to substantial civil penalties, with the FTC considering factors such as a company’s financial condition and the potential impact of penalties on its business viability.
FTC’s Safe Harbor Program
The FTC established the Safe Harbor Program to promote self-regulation within the industry. This initiative allows for the approval of self-regulatory guidelines submitted by industry groups, offering participants an alternative to direct FTC enforcement.
Companies that align with an FTC-approved safe harbor program benefit from demonstrating a solid commitment to safeguarding children’s online privacy and following specific review and disciplinary procedures outlined by the program.
The Role of Parents and Educators
COPPA also emphasizes the vital role of parents and educators in protecting children’s online privacy. Parents are urged to actively engage in their children’s digital lives, utilizing COPPA’s provisions to oversee the collection and use of personal information.
Educators are encouraged to familiarize themselves with COPPA to guide students in navigating online spaces safely and responsibly. Parents, educators, and online service providers can work together to create a safer online environment for children, reinforcing the protective measures established by COPPA.
What are the Impacts and Criticisms of COPPA?
Since its implementation, the Children’s Online Privacy Protection Act (COPPA) has significantly influenced how websites and online services handle the personal information of children, bringing both positive changes and facing criticisms like:
- Questioned Effectiveness: Critics argue about the actual effectiveness of COPPA, pointing out that some websites and services might ignore the regulations due to low enforcement risk or lack of awareness.
- Limited Age Coverage: The age limitation to children under 13 is considered arbitrary by some, who believe older children and teenagers also need protection in online interactions.
- Innovation Concerns: There’s a concern that COPPA’s stringent requirements may inhibit the development of new and innovative online services for children, potentially stifling technological progress.
- Enforcement Challenges: Effective enforcement of COPPA is complex, with difficulties in monitoring compliance and penalizing violators, which can undermine the law’s purpose.
- Calls for Comprehensive Legislation: Some critics argue that while COPPA is a step in the right direction, there’s a need for more comprehensive legislation to protect children’s online privacy across a broader age range and more varied online contexts.
Prioritizing Safety
The Children’s Online Privacy Protection Act (COPPA) has significantly influenced online safety for children, fostering a safer digital environment through enhanced parental oversight and stringent data collection policies. While it has catalyzed positive changes, criticisms highlight the need for broader protections and more effective enforcement strategies.
As we move forward, addressing these concerns is essential for COPPA to remain effective, ensuring it continues to offer robust protection for the youngest ones among us.
