COPPA Compliance: Parental Access to Child's Information

Sean Bryant

Inversoft has provided a  shortened version of the ‘Business and Parents and Small Entity Compliance Guide’.

Child's information

1. Do I have to keep all information I have ever collected online from a child in case a parent may want to see it in the future?

No. If the child's information was deleted prior to the parent inquiry, a simple reply, "the information has been deleted and no longer exists" will suffice.

2. What if, despite my most careful efforts, I mistakenly give out a child’s personal information to someone who is not that child’s parent or guardian?

Although the Rule requires the operator to ensure the requestor of  the child's information to be the parent, if reasonable steps/procedures are taken the operator will not be held liable under federal or state law.

 

More details on COPPA FAQs can be found here.

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COPPA FAQs: Verifiable Parental Consent

Sean Bryant

Inversoft has provided a  shortened version of the ‘Business and Parents and Small Entity Compliance Guide’.

Please remember, this is merely a simplified reference. For more detailed information refer to the link at the bottom of this page.

Verifiable Parental Consent

Verifiable Parental Consent (1 - 8)

 

1. When do I have to get verifiable parental consent.

The operator must obtain verifiable parental consent before any personal information from a child is collected.

Read on for exceptions.

2. May I first collect personal information from the child, and then get parental permission to such collection if I do not use the child’s information before getting the parent’s  consent?

Operators must get verifiable consent prior to the collection of a child's personal information.

Limited Exceptions to certain personal information:

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COPPA 2.0 FAQs: General Audience & Teen Sites

Sean Bryant

COPPA 2.0 compliance is here. Whether your site is ready or not, you need to be asking, enquiring, and doing whatever you can to come up to par with the current regulations. There is a laundry list of provision’s the FTC has put in to place and it’s time to comply.

Inversoft has provided a  shortened version of the ‘Business and Parents and Small Entity Compliance Guide’.

Please remember, this is merely a simplified reference. For more detailed information refer to the link at the bottom of this page.

COPPA Audience

1. Am I responsible if children lie about their age during the registration process on my general audience Web site?

The Rule does not require operators of a general audience to investigate the age of visitors to their site/service.

"However, operators will be held to have acquired 'actual knowledge' of having collected personal information from a child where, for example, they later learn of a child’s age or grade from a concerned parent who has learned that his child is participating on the site or service."

2. I have an online service that is intended for teenagers. How does COPPA affect me?

Although you may intend to operate a “teen service,” in reality, your site may attract a substantial number of children under 13, and thus may be considered to be a “Web site or online service directed to children” under the Rule.

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COPPA 2.0 FAQs: Geolocation Data

Sean Bryant

COPPA 2.0 compliance is here. Whether your site is ready or not, you need to be asking, enquiring, and doing whatever you can to come up to par with the current regulations. There is a laundry list of provision’s the FTC has put in to place and it’s time to comply.

Inversoft has provided a  shortened version of the ‘Business and Parents and Small Entity Compliance Guide’.

Please remember, this is merely a simplified reference. For more detailed information refer to the link at the bottom of this page.

 COPPA

Geolocation Data

 

1. I automatically collect geolocation information from users of my children’s app, but I do not use this information for anything. Am I responsible for notifying parents and getting their consent to such collection?

Yes.

2. What if I give my users a choice to turn off geolocation information? Do I still have to notify parents and get prior parental consent?

If there is any collection of geolocation information (no matter the options given to users) the operator is responsible notifying and obtaining consent from parents.

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COPPA 2.0 FAQs: Photos Videos & Audio Recordings

Sean Bryant

COPPA 2.0 compliance is here. Whether your site is ready or not, you need to be asking, enquiring, and doing whatever you can to come up to par with the current regulations. There is a laundry list of provision’s the FTC has put in to place and it's time to comply.

Inversoft has provided a  shortened version of the ‘Business and Parents and Small Entity Compliance Guide’.

Please remember, this is merely a simplified reference. For more detailed information refer to the link at the bottom of this page.

COPPA

Photos, Videos, and Audio Recordings

1. I run a moderated Web site that is directed to children and I prescreen all children’s submissions in order to delete personal information before postings go live. Do I have to get parental consent if I allow children to post photos of themselves but no other personal information?

Yes. Photos, videos, and audio recordings that contain a child’s image or voice are considered personal information.

Stipulations:

1) Prescreen children's submissions and delete any 'personal information'

2) Provide parents notice and obtain consent prior to children's  uploading content

2. I want to offer a child-directed app. The app would allow children to upload pictures of their favorite pets or places. I do not ask children to provide their email addresses or their names, or really any personal information for that matter. How does COPPA apply to me?

Under COPPA, 'personal information' applies to photos, videos, audio files, geolocation data (street name, city, town), including persistent identifiers collected via the children's upload.

To offer an app without parental consent the following steps must take place

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