The article is written by Adv. Siddhant Jain.
The Children’s Online Privacy Protection Act of 1998 (hereafter referred to as “COPPA”) was enacted to protect the privacy of children under 13 years of age on the Internet. This legislation is crucial in safeguarding the personal information of young users in an increasingly digital world. Enforced by the Federal Trade Commission (FTC), COPPA sets strict guidelines for the collection, use, and disclosure of personal information from children.
The COPPA (Children’s Online Privacy Protection Act) mandates that operators of website’s and online services which intends to acquire information of children under the age of 13 shall obtain verifiable parental consent before collecting, using, or disclosing personal information from a child. However, COPPA outlines specific exceptions to this requirement, which are designed to address situations where obtaining consent may not be practical or necessary. These exceptions are crucial for both compliance and ensuring the safety and privacy of children online. Below are the key exceptions where prior parental consent is not required:
1. Collection for the Purpose of Notice and Consent
When the sole purpose of collecting the child’s or parent’s name or online contact information is to provide notice to the parent and obtain parental consent, prior consent is not required. However, if consent is not obtained within a reasonable time, the operator must delete the collected information from its records.
2. Voluntary Notice to Parents
If a website or online service collects a parent’s online contact information to voluntarily notify and update them about their child’s participation in an online activity, consent is not needed, provided that the parent’s contact information is not used for any other purpose. The operator must ensure, using reasonable technological measures, that the parent receives this notice.
3. One-Time Response to a Child’s Request
When a child provides online contact information for the purpose of receiving a one-time response to a specific request (such as a question or request for help), prior parental consent is not necessary. The information must not be used to re-contact the child, disclosed to others, or retained after the response is sent.
4. Multiple Responses to a Child’s Request
If an operator collects contact information from a child and their parent to respond directly more than once to the child’s specific request, this also falls under an exception. The information cannot be used for any other purpose, and the parent must be notified using reasonable efforts.
5. Protection of a Child’s Safety
In cases where a child’s safety is at risk, operators may collect a child’s and a parent’s name and contact information without prior consent. However, the information must not be used for purposes unrelated to the child’s safety, and reasonable efforts must be made to notify the parent.
6. Security, Legal, and Public Safety Purposes
The act provide that the operators may collect a child’s name and contact information without prior parental consent if it is necessary to protect the security or integrity of the website, take precautions against liability, respond to legal processes, or provide information to law enforcement agencies. This information cannot be used for any other purposes.
7. Support for Internal Operations
When an operator collects a persistent identifier (such as a cookie or IP address) solely to support the internal operations of the website or service, prior consent is not required. In this context, “internal operations” refers to activities necessary for the functioning and maintenance of the service, such as user authentication or security.
8. Interactions with Users Who Are Not Children
If a online service or website, which is directed at children, collects a persistent identifier from a user who interacts with the site but has previously registered and is known not to be a child, parental consent is not required. This exemption applies only if the operator does not collect any other personal information.
Conclusion
While the Children’s Online Privacy Protection Act is strict in requiring parental consent before collecting personal information from children, however the Online Privacy Protection Act provide certain exceptions i.e. necessary flexibility for operators in specific scenarios. These exceptions are designed in the act to balance the protection of children’s privacy with the practicalities of online interactions, ensuring that operators can comply with COPPA while still providing valuable services and protecting children’s safety.
For More Information Please refer the following:
- https://www.ftc.gov/business-guidance/resources/complying-coppa-frequently-asked-questions
- https://ecfr.gov/current/title-16/chapter-I/subchapter-C/part-312
- Protecting Children’s Online Privacy: Understanding the Children’s Online Privacy Protection Act (COPPA) – Vakalat Today
Meet Siddhant Jain, a lawyer who thrives in the wild world of Business and Commercial Law—where boardrooms are battlefields, mergers are puzzles, and corporate jargon is his second language. Whether it’s navigating the maze of company law, tackling securities regulations, or guiding businesses through the stormy seas of bankruptcy and insolvency, Siddhant has done it all.
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