COPPA

What is COPPA?

COPPA, the Children’s Online Privacy Protection Act, is a US law that guards children’s online privacy. It applies to websites and online services directed at children under 13 and requires verifiable parental consent before collecting personal information. This law empowers parents with access and deletion rights, safeguarding children’s data in the digital world.

Overview of COPPA

• Law: California Consumer Privacy Act
• Region: U.S.A
• Signed On: 21-10-1998
• Effective Date: 21-04-2000
• Industry: Doesn’t target specific industries; instead, websites or online services

Personal Data Under The COPPA

The COPPA protects any data that could reasonably be used to identify a specific child under 13.

• Direct identifiers: Name, address, phone number, email address
• Online identifiers: Usernames, screen names, cookies, IP addresses, browsing history, etc
• Geolocation data: Data that reveals a child’s physical location
• Unstructured data: Recordings or images containing a child that can be used for identification
• Indirect identifiers: Information that can identify a child when combined with other data, like birthdates, hobbies, school information (if revealed), or details about a child’s family.

Key Components of the COPPA

• Parental Consent: Websites and online services must obtain verifiable parental consent before collecting, using, or disclosing personal information from children under 13.
• Notice: Websites must provide a clear and comprehensive privacy policy for data collection, and it should be easy for parents to understand information collection and usage.
• Data Security: Reasonable security measures must protect collected information from unauthorized access, use, disclosure, alteration, or destruction.

Data Protection Principle

• Purpose Specification: Data collection must be limited to specific, legitimate purposes.
• Data Minimization: Collect only the essential amount of data required.
• Data Retention: Retain data only for as long as necessary.
• Access and Correction: Provide parents with access to their child’s information and the ability to correct it.

Rights Under COPPA

• Access and Review: Parents have the right to access and review the personal information collected from their children under 13 years old. This includes data like

Names and addresses

Phone numbers and email addresses

Online identifiers (usernames, social media handles)

Geolocation data

Photos and videos

Content created by the child

• Deletion: Upon request, parents can have their child’s personal information deleted from the website or online service collecting it. This ensures children’s online presence is controlled and manageable.
• Refusal of Consent: Parents can refuse to consent to further collecting or using their child’s information. This gives them complete control over the data exposure they deem appropriate.
• Correction: Parents can request corrections to any inaccurate or misleading information about their child held by the website or service. This safeguards against data breaches and ensures data integrity.

Who Needs to Comply the COPPA?

Any website or online service directed to children under 13 must comply with COPPA, regardless of location or size. This includes:

• Websites with child-oriented content (e.g., games, educational platforms)
• Social media platforms with features accessible to children
• Mobile apps targeted towards children

Exceptions

The inadvertent collection of incidental information is exempt if promptly deleted. Schools and non-profit organizations with educational purposes also have some exemptions.

Regulatory Penalties

Penalties range from $16,504 per violation for first offenses to $43,200 for subsequent offenses. These fines can quickly increase, especially for companies with large user bases or repeated violations.

The Federal Trade Commission (FTC) oversees and enforces compliance with COPPA. It provides guidance and resources to help businesses understand their legal obligations.

How To Avoid COPPA Fines?

• Implement robust parental consent mechanisms.
• Publish clear and comprehensive privacy policies.
• Implement robust data security and privacy protocols.
• Regularly review and update COPPA compliance practices.

Understanding and complying with COPPA is crucial for businesses operating online platforms and services targeting children. Organizations can minimize risk and protect children’s data by implementing robust parental consent mechanisms, transparent privacy policies, strong data security practices, and regularly reassessing compliance measures. However, data masking techniques such as data anonymization, encryption, and redaction offer an additional layer of defense, allowing analysis and development without exposing real child information.

FAQs