COPPA 2.0 FAQs: General Questions 8 – 14

Sean Bryant

COPPA 2.0 compliance is just around the corner (July 1st, 2013). 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 on their behalf, have offered reasonable responses and substantial time to comply.

Over the next week, Inversoft will supply shortened versions 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 2.0

General Questions 8 – 14

 

8. What should I do if I have a complaint about someone violating the COPPA Rule?

You may fill out a complaint form online at Consumer Complaint? Report it to the FTC.  You also may call our toll free telephone number, (877) FTC-HELP, to submit your complaint to a live operator.

9. What types of online services does COPPA apply to?

Services that allow users to play online games, social networks, purchasing goods or services online, online advertisements, or interactions with other online content and services. Mobile applications that connect to the internet and geolocation based applications are also online services covered by COPPA

10. Does COPPA apply to information about children collected online from parents or other adults?

No.  COPPA only applies to personal information collected online from children, including personal information about themselves, their parents, friends, or other persons…

11. Why does COPPA apply only to children under 13?  What about teens?

Recognizing that younger children are more susceptible to over zealous marketers, they may not understand issues that come with providing personal information that directly correlates with their own safety and privacy.

See FTC Report: Protecting Consumer Privacy in an Era of Rapid Change:  Recommendations for Businesses and Policymakers For guidance documents for teens and their parents. These educational materials are available at www.OnguardOnline.gov.

12. The information I collect at my site or service is voluntary, not mandatory.  Does COPPA still apply?

Yes. The Rule covers the collection of any and all personal information (including passive) from children. This includes operators that allow children publicly to post personal information… passive tracking of children’s personal information through a persistent identifier, not just its active collection is also covered by COPPA.

13. Will the COPPA Rule keep my child from accessing pornography?

No. COPPA exists to give parents control over the collection, use and disclosure of personal information from children. It does not prevent your child from viewing specific types of content they might stubble upon online.

14. Will the amended COPPA Rule prevent children from lying about their age to register for general audience sites or online services whose terms of service prohibit their participation?

No. Only where operators have ‘actual knowledge‘ that a child under age 13 is providing personal information does COPPA come in.

“However, an operator of a general audience site or service that chooses to screen its users for age in a neutral fashion may rely on the age information its users enter, even if that age information is not accurate.  In some circumstances, this may mean that children are able to register on a site or service in violation of the operator’s Terms of Service.  If, however, the operator later determines that a particular user is a child under age 13, COPPA’s notice and parental consent requirements will be triggered. ”

 

Please click here for detailed general questions.

 

 

 

 

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