Antitrust Law Daily Wrap Up, PRIVACY NEWS: FTC extends deadline for comments on COPPA parental verification method proposal, (Sep 1, 2015)

By Michael Menzhuber, J.D., LL.M.

The deadline for public comment on Jest8 Limited’s (Riyo’s) proposed verifiable parental consent method, made pursuant to the Children’s Online Privacy Protection Rule (COPPA), has been extended by the FTC to September 14, 2015.

Riyo proposes a “Face Match to Verified Photo Identification” system that validates a parent’s face against an online presentation of verified photo identification, using facial recognition technology. The company suggests that the new method will provide businesses with more flexibility and will effectively ensure that a parent is actually providing consent.

Specifically, the FTC is interested in comments concerning:

• Is this method, both with respect to the process for obtaining consent for an initial operator and any subsequent operators, already covered by existing methods enumerated in Section 312.5(b)(2) of the Rule?

• If this is a new method, whether the proposed parental consent method, both with respect to an initial operator and any subsequent operators, meets the requirements for parental consent laid out in 16 CFR § 312.5(b)(1). Specifically, is the proposed parental consent method reasonably calculated, in light of available technology, to ensure that the person providing consent is the child’s parent?

• Does this proposed method pose a risk to consumers’ personal information? If so, is that risk outweighed by the benefit to consumers and businesses of using this method?

Comments, which must be labeled “Jest8 Limited Trading as Riyo’s Application for Parental Consent Method, Project No. P-155405,” may be submitted online or on paper, addressed to: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Ave, NW, Suite CC-5610 (Annex E), Washington, DC 20580.

News: Privacy FederalTradeCommissionNews