Antitrust Law Daily Wrap Up, CONSUMER PROTECTION NEWS: FTC seeks public comment on kidSAFE’s proposed safe harbor program, (Sep 17, 2013)

The FTC has requested public comment on a proposed safe harbor program that the kidSAFE Seal Program has submitted for Commission approval under the agency’s Children’s Online Privacy Protection Rule.

The Rule includes a “safe harbor” provision designed to encourage increased industry self-regulation in this area. Under this provision, industry groups and others may ask the Commission to approve self-regulatory guidelines that implement the protections of the Rule. Companies that comply with the FTC-approved guidelines receive safe harbor from agency enforcement action under the Rule.

The FTC’s COPPA Rule requires that operators of commercial websites and online services directed to children under the age of 13, or general audience websites and online services that knowingly collect personal information from children under 13, must post comprehensive privacy policies on their sites, notify parents about their information practices, and obtain parental consent before collecting, using, or disclosing any personal information from children under the age of 13. Since the Rule took effect on April 21, 2000, five groups - Aristotle, Inc., the Children’s Advertising Review Unit of the Council of Better Business Bureaus, the Entertainment Software Rating Board, TrustE, and PRIVO - have received Commission approval for their safe harbor programs.

The FTC is seeking public comment about the proposed kidSAFE program; whether the proposed program provides “the same or greater protections for children” as those contained in the Children’s Online Privacy Protection Rule; whether the mechanisms used to assess operators’ compliance are effective; whether incentives for operators’ compliance with the guidelines are effective; and whether the program provides adequate means for resolving consumer complaints. The comment period will last for 30 days, until Oct. 18, 2013.

Publication of the Federal Register notice does not indicate Commission approval of the safe harbor application, the FTC noted. The Commission has 180 days to review proposed self-regulatory guidelines and must set forth its conclusions in writing.

Interested parties may file a comment online or on paper, by following the instructions in the Request for Comment part of the Federal Register Notice. Write “kidSAFE Application for Safe Harbor, Project No. P-135418” on your comment, and file your comment online here, by following the instructions on the web-based form. If you prefer to file your comment on paper, mail or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Room H-113 (Annex E), 600 Pennsylvania Avenue, NW, Washington, DC 20580.

For further information contact: Kristin Cohen, Attorney, (202) 326-2276, or Peder Magee, Attorney, (202) 326-3538, Division of Privacy and Identity Protection, Federal Trade Commission, Washington, D.C. 20580.

News: ConsumerProtection Privacy FederalTradeCommissionNews