COPPA – Children and Teens’ Online Privacy Protection Act
After digitization, we started using online platforms in every area of our lives. We have used websites for shopping, we have used online banking to make online transactions, and we have watched videos from streaming sites. We have submitted our data many times to many online platforms. The privacy of our data is a growing concern when cyber-attacks and data misuse are considered and kids data are no exception. In the US there is no single federal cybersecurity law that regulates cybersecurity and privacy [1]. There are many federal and state laws covering different areas of cyber security. COPPA (Children’s Online Privacy Protection Act) is the legislation that protects children’s data.
What Is COPPA?
COPPA (The Children’s Online Privacy Protection Act) is the US legislation that protects children’s online data and regulates how websites and platforms handle that data [2]. COPPA was passed to address privacy issues raised after the rapid bloom of marketing techniques targeting children in the 1990s [3]. Websites were collecting data from the children without parents’ consent or knowledge. Research by the Center for Media Education showed that children are not aware of the consequences of revealing personal information [3]. The Act was enacted in 1998, effective in April 2000, revised in 2013 and managed by the Federal Trade Commission (FTC).
COPPA states a website operator:
- Must incorporate a detailed privacy policy that describes the data collected from the users.
- Must verify the parental consent for the collection of a child information who is under 13.
- Must provide a disclosure of any information collected to parents.
- Must provide a Right to revoke consent and right to delete information.
- Must collect limited personal information during participation in online games and contests.
- Must meet the requirements to protect any personal information collected from children [4].
All websites and platforms that collect data from children under 13 are under the extent of COPPA. Even though COPPA does not define how to get parental consent, FTC published guidelines to ensure compliance [3]. These suggestions can be summarized as:
- Clear display of downloadable consent forms
- Clear display of privacy policy about personal information
- Reasonable procedure to protect the privacy of children
- Requirement of authenticating the age and identity of parents
COPPA 2.0
After over 25 years since the COPPA Act was passed, the need to update the current COPPA has arisen due to evolving conditions. Research suggests, 75% of 8-11-year-olds cannot distinguish advertisements from content and more than half of 12-15-year-olds are likely to accept advertisements as accurate and truthful. Also, children and teens tend to overshare information without considering the consequences [5].
COPPA 2.0 is intended to extend the coverage of COPPA to meet the current-day requirements. The amendment can be summarized as follows:
- The New Act covers online applications, mobile applications and connected devices in addition to websites and online services.
- The age interval for protection is expanded to 12 and 17.
- The consent requirement from parents is still valid for children under 13 but covered businesses are allowed to get consent from teens before collecting data.
- Children and teens have the right to request deletion of information.
- Covered businesses must comply with principles such as collecting minimal data, specifying purpose, data quality and transparency.
- Businesses must comply with the Digital Marketing Bill of Rights for minors.
- FTC is required to establish a Youth Marketing and Privacy Division [6].
US Senate approved a legislative package that contains the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) in July 2024 [7] and the bill is awaiting congressional and presidential approval [8].
How COPPA helps to preserve the privacy of kids and teens
As discussed above, teens and children cannot differentiate the advertisement from content since their reasoning ability is now well-developed and they are open to sharing information without considering the consequences they are vulnerable in online platforms. COPPA encumbers legal responsibility to websites, online applications, services and mobile applications in protecting children and teens’ privacy. The ACT gives the right to consent to data collection and also data deletion. Also, it prevents targeted marketing by companies using the data collected from children and teens.
In conclusion, COPPA (The Children’s Online Privacy Protection Act) is legislation that protects children and teens’ online data and regulates how online platforms collect and handle the information. The Act was effective since 2000 and recently updated to a newer version, COPPA 2.0 to meet today’s requirements. The recent act covers extended age intervals, 12-17 and extensive medium. Also, it brings a newer approach to consent to data collection.
References:
[1] “Cybersecurity and Privacy Laws Directory.” Accessed: Nov. 09, 2024. [Online]. Available: https://itgovernanceusa.com/federal-cybersecurity-and-privacy-laws
[2] “What’s Going on With the Children’s Online Privacy Protection Act (COPPA)?” Accessed: Nov. 09, 2024. [Online]. Available: https://www.osano.com/articles/childrens-online-privacy-protection-act-coppa
[3] “What is COPPA (Children’s Online Privacy Protection Act)?,” Search CIO. Accessed: Nov. 09, 2024. [Online]. Available: https://www.techtarget.com/searchcio/definition/COPPA-Childrens-Online-Privacy-Protection-Act
[4] “Children’s Privacy,” EPIC – Electronic Privacy Information Center. Accessed: Nov. 09, 2024. [Online]. Available: https://epic.org/issues/data-protection/childrens-privacy/
[5] “Children and Teens’ Online Privacy Protection Act Legislation to strengthen protections for minors online”. Accessed: Nov. 09, 2024. [Online]. Available:https://www.commonsensemedia.org/sites/default/files/featured-content/files/coppa_2.0_one_pager_2021.pdf
[6] “U.S. Senate Approves Legislation to Protect Youth Online,” Morrison Foerster. Accessed: Nov. 10, 2024. [Online]. Available: https://www.mofo.com/resources/insights/null
[7] “Senate Passes KOSA and COPPA 2.0,” ADventures in Law. Accessed: Nov. 10, 2024. [Online]. Available: https://www.adventures-in-law.com/blogs/senate-passes-kosa-and-coppa-2-0/
[8] “An Update on KOSA and COPPA 2.0,” ADventures in Law. Accessed: Nov. 10, 2024. [Online]. Available: https://www.adventures-in-law.com/blogs/an-update-on-kosa-and-coppa-2-0/