Antitrust Law Daily Wrap Up, PRIVACY NEWS: FTC Sends Letters to Companies Regarding COPPA Compliance, (May 15, 2013)

By Tobias J. Gillett, J.D., LL.M.

The FTC has sent letters to more than 90 businesses that may be affected by changes to the Commission’s Children’s Online Privacy Protection Rule (COPPA Rule) that go into effect on July 1, 2013, informing the businesses of the rule’s new requirements.

The agency sent separate letters to foreign and domestic companies that may be collecting images or sounds of children in the United States under age 13, and to foreign and domestic companies that may be collecting persistent identifiers from those children. In the letters, the FTC emphasizes that it has not yet evaluated the businesses’ compliance with either its revised rule or its present rule.

In its COPPA Rule amendments, adopted in December 2012, the FTC expanded the definition of "personal information" covered by the Rule to include photos, videos, and audio recordings of children, as well as persistent identifiers, such as user names, cookies, or mobile device ID numbers, that can be used to identify users over time and across different websites and online services.

The COPPA Rule requires companies that collect, store, or transmit such "personal information," as well as "personal information" previously covered by the Rule, such as a child’s name or address, to provide notice and obtain parental consent before collecting it, unless certain exceptions apply. The companies must also ensure that third parties receiving the information can keep it secure and confidential, and must abide by the Rule’s requirements regarding storage and retention of the information. The Rule also covers information collected by third parties like advertising networks within an online service or app.

Interested parties may obtain further information from the FTC’s frequently asked questions about complying with COPPA, or by contacting the FTC’s "COPPA Hotline" e-mail address at COPPAHotLine@ftc.gov.

News: ConsumerProtection Privacy FederalTradeCommissionNews