Children's Online Privacy Protection Act

Children's Online Privacy Protection Act (COPPA) is a United States federal law, enacted by Congress in 1998, designed to protect the privacy of children under the age of 13 by requesting parental consent for the collection or use of any personal information of the users. The act, codified at 15 U.S.C. §§ 6501–6506, was signed into law by President Bill Clinton on October 21, 1998. The law came into effect on April 21, 2000, and is enforced by the U.S. Federal Trade Commission (FTC). COPPA specifies what operators of websites and online services must include in a privacy policy, when and how to seek verifiable consent from a parent or guardian, and what responsibilities an operator has to protect children's privacy and safety online including restrictions on the marketing to those under 13.

Overview

COPPA applies to individual and commercial websites and online services that are directed to children under 13 years old, and any general audience website that knowingly collects personal information from children under 13. COPPA also applies to mobile apps that collect personal information from children. The law defines personal information to include full name, home address, email address, telephone number, or any other information that would allow someone to identify or contact the child. It also covers other types of information such as hobbies, interests, and information collected through cookies or other types of tracking mechanisms when they are tied to individually identifiable information.

Requirements

Under COPPA, websites and online services directed to children must:

• Post a clear and comprehensive privacy policy describing their information practices for children's personal information;
• Provide direct notice to parents and obtain verifiable parental consent before collecting personal information from children;
• Give parents the choice of consenting to the operator's collection and internal use of a child's information, but prohibiting the operator from disclosing that information to third parties unless this is part of the service provided by the site;
• Provide parents access to their child's personal information to review and/or have the information deleted;
• Give parents the opportunity to prevent further use or online collection of a child's personal information;
• Maintain the confidentiality, security, and integrity of information they collect from children.

Enforcement

The Federal Trade Commission (FTC) has the authority to issue regulations and enforce COPPA. Companies found in violation of COPPA may be subject to fines and penalties. The FTC has brought numerous enforcement actions against companies for failing to comply with COPPA requirements, resulting in millions of dollars in penalties.

Impact

COPPA has had a significant impact on how websites and online services approach children's privacy. Many websites have changed their practices to comply with the regulations, including altering how they collect and handle children's information. Some websites have chosen to restrict access to users under 13 altogether to avoid the burden of compliance.

Criticism

While COPPA is intended to protect children's privacy, it has faced criticism for potentially stifling innovation and creating barriers to entry for new technologies and services. Critics argue that the act may also overburden websites and online services with regulatory requirements. Additionally, there is concern that COPPA may not effectively protect children's privacy in the age of social media and sophisticated online advertising technologies.

See Also

• Privacy law in the United States
• Digital privacy
• Internet safety