Children’s Online Privacy Protection Rule (COPPA): A Brief Overview

Brief Background

COPPA, enacted in 1998 and effective since April 21, 2000, establishes strict guidelines for collecting personal information from children under 13. It applies to operators of commercial websites, online services, and mobile apps directed at children or those that knowingly collect information from children. COPPA aims to give parents control over the information collected from their children online.

Scope and Applicability

COPPA applies to:

• U.S.-based businesses and foreign entities collecting personal information from children in the U.S.
• Websites or apps targeting children under 13.
• General audience websites or apps that knowingly collect information from children under 13.

This law extends beyond U.S. borders, affecting international businesses that cater to or interact with children in the United States. Companies must be diligent in understanding whether their operations fall under COPPA’s jurisdiction to avoid potential penalties and legal issues.

Definition of Personal Information

Under COPPA, personal information includes various types of data that can identify or be used to contact a child. Understanding each type is crucial for businesses to ensure compliance.

1. 1. Full Name – A child’s first and last name.
      • Explanation: This is considered personal information because it directly identifies the child. Businesses must handle this data carefully to prevent misuse or unauthorized access.
   2. Home or Physical Address – The specific location where a child lives. 
      • Explanation: This includes street address, city, state, and ZIP code. Protecting this information is vital to ensure the child’s safety and privacy, preventing potential physical harm or unwanted contact.
   3. Email Address – A child’s email address. 
      • Explanation: An email address can be used to communicate directly with the child and potentially link to other personal information. Businesses need to obtain parental consent before collecting or using a child’s email address.
   4. Telephone Number – A child’s phone number. 
      • Explanation: Like an email address, a phone number allows direct contact and can be linked to other personal data. It’s essential to secure this information to protect the child’s privacy and prevent unwanted communications.
   5. Social Security Number – The unique nine-digit number assigned to U.S. citizens and residents. 
      • Explanation: This number is highly sensitive and can be used for identity theft. Businesses should avoid collecting this information unless absolutely necessary and must ensure it’s protected if collected.
   6. Persistent Identifiers (e.g., cookies, IP addresses) – Technologies or data points that can track a child’s activities online over time. 
      • Explanation: Persistent identifiers include cookies, IP addresses, and device IDs. These are used to gather information about a child’s online behavior, preferences, and habits, making it crucial to handle them with care and transparency.
   7. Photos, Videos, or Audio Files Containing a Child’s Image or Voice – Any multimedia content featuring a child’s likeness or voice. 
      • Explanation: These files can uniquely identify a child and reveal additional personal information. Businesses must obtain parental consent before collecting, using, or sharing such media to protect the child’s privacy.
   8. Geolocation Information – Data that indicates the physical location of a child. 
      • Explanation: This includes GPS data and other location-tracking technologies. Since this information can be used to determine a child’s exact whereabouts, it’s crucial to handle it securely to ensure the child’s safety.
   9. Other Data that Allows Physical or Online Contacting of a Specific Individual – Any additional information that can be used to identify or contact a child directly. 
      • Explanation: This category is broad and includes any data points that, when combined with others, can pinpoint the identity or location of a child. Businesses must be cautious and consider all potential ways personal information can be collected or inferred.

Collecting Personal Information

COPPA mandates several requirements for businesses and developers:

• Posting a Privacy Policy: Operators must provide a clear, comprehensive online privacy policy detailing their information practices.
• Parental Notice and Consent: Direct notice must be given to parents, and verifiable parental consent obtained before collecting personal information from children.
• Parental Rights: Parents must have the ability to review, delete, and manage their child’s personal information.
• Data Security: Operators must implement reasonable procedures to protect the confidentiality, security, and integrity of the information collected.
• Data Retention and Deletion: Personal information should only be retained as long as necessary to fulfill its purpose and must be deleted securely thereafter.

Privacy Policy Requirements

The privacy policy should include:

1. 1. The types of personal information collected.
   2. How the information is collected and used.
   3. Disclosure practices to third parties.
   4. Parents’ rights to review, delete, and refuse further data collection.

A well-crafted privacy policy is the cornerstone of COPPA compliance. It should be easily accessible on the homepage, and every point of data collection should have a link to this policy. The policy must be written in clear, understandable language to ensure parents can easily grasp the company’s practices.

Direct Notice to Parents

Direct notice must be provided to parents before collecting personal information, outlining:

• The operator’s practices regarding the collection, use, and disclosure of personal information from children.
• Instructions for parents to provide or withhold consent.
• Contact information for the operator.

This notice ensures transparency and allows parents to make informed decisions about their child’s online interactions. It should be delivered through a method that ensures it reaches the parent directly, such as an email or a postal letter.

Obtaining Parental Consent

Verifiable parental consent can be obtained through:

1. Signed consent forms are sent via mail, fax, or electronic scan.
2. Credit card or other online payment systems requiring notification.
3. Toll-free numbers staffed by trained personnel.
4. Video conferences or government-issued IDs verified and deleted post-verification.

Verifiable parental consent ensures that the person providing consent is indeed the parent or guardian. This process might seem stringent, but it is crucial for protecting children’s privacy and ensuring legal compliance.

The “Email Plus” Method

For minimal internal data collection, the “email plus” method can be used:

• Send an email to the parent.
• Receive an email response consenting to data collection.
• Confirm consent through additional means (e.g., follow-up email, phone call).

The “email plus” method is a simpler approach for obtaining parental consent for activities that involve minimal data collection. It balances compliance requirements with operational feasibility, especially for smaller businesses.

Exceptions 

COPPA allows limited data collection without parental consent for:

a. Obtaining parental consent.

b. Responding to a one-time request from a child.

c. Ensuring child safety and protection.

d. Participating in online contests or sweepstakes (with restrictions).

These exceptions recognize situations where obtaining prior consent might not be feasible or necessary. However, they are narrowly defined to prevent misuse and ensure that children’s privacy remains protected.

Compliance for Websites and Mobile Apps

To comply with COPPA, websites and apps must:

• Implement a clear and accessible privacy policy.
• Provide direct notice and obtain parental consent.
• Use parental gate techniques for mobile apps to prevent unauthorized access by children.

Specific Requirements for Mobile Apps

1. Android Apps: Google Play’s Designed for Families program requires apps to include a privacy policy accessible from the app’s store listing and within the app.
2. iOS Apps: Apple’s App Store Review Guidelines necessitate apps in the Kids Category or those collecting personal information from minors to include a privacy policy and implement parental gate mechanisms.

Parental Gate Techniques for Mobile Apps

Mobile apps should implement parental gate techniques such as:

• Verification questions (e.g., simple math problems).
• PIN codes or passwords.
• Explicit prompts requiring parental consent before accessing restricted features.

These techniques help prevent children from inadvertently accessing content or features not suitable for them, ensuring a safer online experience.

COPPA and Schools

While COPPA does not directly apply to schools, third-party service providers must comply when collecting personal information from students. Schools can consent on behalf of parents for educational purposes, provided they ensure the third party adheres to COPPA’s requirements.

Best Practices for Schools

Schools should:

• Obtain parental consent before using third-party services.
• Ensure third parties have a compliant privacy policy.
• Regularly review and monitor the data collection practices of third-party services.

Penalties and Enforcement

COPPA enforcement is carried out by the Federal Trade Commission (FTC). Violations can result in hefty fines and legal actions. Businesses found non-compliant with COPPA can face civil penalties of up to $43,280 per violation. Therefore, maintaining compliance is not only a legal obligation but also a critical business practice to avoid severe financial and reputational damage.

International Implications

While COPPA is a U.S. law, its implications are global. Any international business that targets or knowingly collects data from children in the U.S. must comply with COPPA. This requires a thorough understanding of COPPA’s provisions and an integration of these requirements into the global data protection strategy of the business.

Other Privacy Laws

COPPA intersects with other privacy laws like the General Data Protection Regulation (GDPR) in the EU, which also includes provisions for protecting children’s data. Businesses operating in multiple jurisdictions need to harmonize their data protection practices to comply with all relevant laws, which may require adopting the strictest standards to ensure global compliance.

Future Considerations

The internet is constantly evolving, and so are the threats to children’s online privacy. Businesses need to stay informed about potential updates to COPPA and other related regulations. Emerging technologies like artificial intelligence and machine learning pose new challenges and opportunities for data protection, necessitating adaptive and proactive compliance strategies.

Wrapping Up

Understanding and complying with COPPA is very important for protecting children’s online privacy. By following COPPA’s requirements, businesses, app developers, and schools can ensure they provide a safe and secure online environment for children under 13, fostering trust and accountability. Implementing robust privacy policies, obtaining verifiable parental consent, and using effective parental gate techniques are crucial steps in achieving COPPA compliance and safeguarding young users’ personal information. Compliance not only avoids legal repercussions but also builds a trustworthy relationship with users.

For further assistance in creating compliant legal documents tailored to your specific needs, consider utilizing tools like the GetTerms Privacy Policy Generator. We offer a simple solution, ensuring you meet legal standards while maintaining user confidence in your data handling practices. Create an account and get started in 5 minutes.

Frequently Asked Questions (FAQs)

1. What is COPPA?
   • COPPA stands for the Children’s Online Privacy Protection Act. It is a U.S. federal law designed to protect the privacy of children under 13 by regulating how websites, online services, and mobile apps collect and handle their personal information.
2. Who needs to comply with COPPA?
   • COPPA applies to operators of commercial websites, online services, and mobile apps directed at children under 13, as well as general audience websites and apps that knowingly collect information from children under 13. This includes both U.S.-based and international businesses interacting with children in the U.S.
3. What types of personal information are protected under COPPA?
   • Personal information protected under COPPA includes full name, home address, email address, telephone number, social security number, persistent identifiers (e.g., cookies, IP addresses), photos, videos, audio files with a child’s image or voice, geolocation information, and other data that can identify a specific individual.
4. How can businesses obtain parental consent?
   • Businesses can obtain verifiable parental consent through various methods such as signed consent forms sent via mail, fax, or electronic scan; credit card or other online payment systems; toll-free numbers; video conferences; or verified government-issued IDs. The “email plus” method can be used for minimal data collection activities.
5.  What should be included in a COPPA-compliant privacy policy?
   • A COPPA-compliant privacy policy should detail the types of personal information collected, how the information is collected and used, disclosure practices to third parties, and parents’ rights to review, delete, and refuse further data collection. It must be clear, comprehensive, and accessible.
6. Are there any exceptions to obtaining parental consent?
   • Yes, COPPA allows limited data collection without parental consent for specific purposes such as obtaining parental consent, responding to a one-time request from a child, ensuring child safety, and participating in online contests or sweepstakes (with restrictions).
7.  How does COPPA affect mobile apps?
   • Mobile apps directed at children under 13 or that collect information from children must comply with COPPA by implementing a clear privacy policy, providing direct notice, obtaining parental consent, and using parental gate techniques to prevent unauthorized access by children.
8. What are the penalties for non-compliance with COPPA?
   • Businesses found non-compliant with COPPA can face civil penalties of up to $43,280 per violation, along with potential legal actions from the Federal Trade Commission (FTC). Non-compliance can also lead to severe reputational damage and loss of consumer trust.
9. Does COPPA apply to schools?
   • While COPPA does not directly apply to schools, third-party service providers must comply when collecting personal information from students. Schools can consent on behalf of parents for educational purposes, provided they ensure the third party adheres to COPPA’s requirements.
10.  How does COPPA intersect with other privacy laws?
    • COPPA intersects with other privacy laws like the General Data Protection Regulation (GDPR) in the EU, which also includes provisions for protecting children’s data. Businesses operating in multiple jurisdictions need to harmonize their data protection practices to comply with all relevant laws, often adopting the strictest standards to ensure global compliance.