Tag Archives: COPPA

FTC Reminds Companies of Impending COPPA Deadline

On May 15, 2013, the Federal Trade Commission announced that it sent educational letters to over 90 businesses that appear to collect personal information from children under the age of 13, reminding them of the impending July 1 deadline for compliance with the updated Children’s Online Privacy Protection Rule (the “Rule”). The letters were sent to domestic and foreign companies that may be collecting information from children that is now considered “personal information” under the Children’s Online Privacy Protection Act (“COPPA”) but was not previously considered “personal information.” The definition of “personal information” under COPPA was expanded to include (1) photos, videos and audio recordings of children; and (2) persistent identifiers that may recognize users over time and across various websites and online services (e.g., cookies and IP addresses).

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Tags: Consumer Protection, Cookies, COPPA, Enforcement, Federal Trade Commission, Online Privacy, U.S. Federal Law

FTC Won’t Delay COPPA Rule Implementation Deadline

On May 6, 2013, the Federal Trade Commission announced that it had voted unanimously to reject a request from industry groups to delay the July 1, 2013 deadline for implementation of the updated Children’s Online Privacy Protection Rule (the “Rule”). The groups had argued that the delay was necessary because they needed more time to comply with the changes to the Rule, which the FTC promulgated on December 19, 2012. In its response to the groups, the FTC asserted that the groups have been on notice of the changes since the beginning of the rulemaking process over three years ago, and a number of the updates constitute only minor changes from existing standards and obligations. The FTC’s letter also indicated that, in appropriate cases, in the months immediately following the implementation deadline, the FTC might exercise prosecutorial discretion with respect to small entities that have made a good-faith effort to comply with the updated Rule.

View the text of the updated COPPA Rule.

Tags: Advertisement, Consumer Protection, COPPA, Enforcement, Federal Trade Commission, Online Privacy

FTC Issues Updated FAQs Addressing COPPA Compliance Requirements

On April 25, 2013, the Federal Trade Commission released an updated version of its frequently asked questions regarding the Children’s Online Privacy Protection Act of 1998 (“COPPA”). The revised FAQs, entitled Complying with COPPA: Frequently Asked Questions (A Guide for Business and Parents and Small Entity Compliance Guide), provide general information on COPPA’s requirements and also include new guidance on the recent amendments to the Children’s Online Privacy Protection Rule (“COPPA Rule”).

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Tags: COPPA, Federal Trade Commission, Geolocation, Internet, Mobile App, Online Privacy, Personally Identifiable Information, Privacy Policy, Social Security Number

FTC Issues Staff Report on Mobile Privacy Disclosures and Announces Settlement with Social Networking Service for Mobile App Privacy Violations

On February 1, 2013, the Federal Trade Commission issued a new report entitled Mobile Privacy Disclosures: Building Trust Through Transparency. The report makes recommendations “for the major participants in the mobile ecosystem as they work to improve mobile privacy disclosures,” offering specific recommendations for mobile platforms, app developers, advertising networks and other third parties operating in this space. The FTC’s report also makes mention of the Department of Commerce’s National Telecommunications and Information Administration’s efforts to engage in a multistakeholder process to develop an industry code of conduct for mobile apps.

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Tags: Consent Order, Consumer Protection, COPPA, Department of Commerce, Enforcement, Facebook, Federal Trade Commission, Information Security, Jon Leibowitz, Mobile App, Mobile Device, National Telecommunications and Information Administration, Obama, Online Privacy, Penalty, Privacy Policy, Social Media, Twitter

Jon Leibowitz to Step Down as FTC Chairman

On February 1, 2013, the Federal Trade Commission announced that Chairman Jon Leibowitz will step down from his role on February 15, 2013. Leibowitz, who has been with the Commission since 2004 and was appointed Chairman in 2009, leaves the agency with a much more aggressive privacy agenda than the one he inherited, having helped to shape “groundbreaking work on consumer protection and competition issues.” During what may be his final press conference as Chairman, Leibowitz announced a new staff report on mobile app privacy disclosures and an enforcement action against the operator of a social networking app stemming from allegedly deceptive information collection practices that violated Section 5 of the FTC Act and the Children’s Online Privacy Protection Act.

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Tags: Consumer Protection, COPPA, David Vladeck, Enforcement, Federal Trade Commission, Information Security, Jon Leibowitz, Mobile Device, Obama, Online Privacy

Sotto Discusses Top Privacy Trends for 2013

In an interview with Tom Field of BankInfoSecurity, Lisa J. Sotto, partner and head of the Global Privacy and Data Security practice at Hunton & Williams LLP, discussed the top privacy trends and threats for 2013. Lisa predicts that security vulnerabilities will remain the biggest threat to privacy, particularly with the move toward mobile computing. She also talked about key issues to watch in 2013, such as online behavioral advertising, big data and evolving privacy legislation and regulation, especially in the EU and other countries around the globe.

Listen to Lisa’s interview.

Tags: Behavioral Advertising, COPPA, EU Data Protection Directive, European Union, HIPAA, Information Security, Legislation, Lisa Sotto, Mobile Device, Multimedia Resources, Security Breach

A User’s Guide to Online Behavioral Advertising

Internet users have expressed increasing concern about efforts to track their online activities. As the online tracking methods used to target advertisements have expanded in both scope and complexity, regulators have taken notice and have begun to act in the online behavioral tracking and advertising space. In an article published in the November/December 2012 issue of IP Litigator, Lisa J. Sotto, partner and head of the Global Privacy and Data Security practice at Hunton & Williams LLP, and Melinda L. McLellan, a senior associate on the firm’s Privacy and Data Security team, discuss how legislators, regulators and industry stakeholders have been shaping the legal landscape concerning online behavioral advertising.

Download a PDF copy of the article.

Tags: Advertisement, Behavioral Advertising, COPPA, Do Not Track, Enforcement, European Union, Federal Trade Commission, International, Internet, Lisa Sotto, Melinda McLellan, Online Privacy

Vladeck’s Legacy at the FTC

U.S. Federal Trade Commission Chairman Jon Leibowitz announced on Monday that David C. Vladeck, director of the FTC’s Bureau of Consumer Protection, is leaving the Commission on December 31, 2012 to return to the Georgetown University Law Center.

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Tags: Arizona, Consumer Protection, COPPA, David Vladeck, Enforcement, Federal Trade Commission, International, Jon Leibowitz, Julie Brill, Litigation, Online Privacy, U.S. Federal Law

FTC Announces Updated COPPA Rule

On December 19, 2012, the Federal Trade Commission announced the adoption of its long-awaited amendments to the Children’s Online Privacy Protection Rule (the “Rule”). The FTC implemented the Rule, which became effective on April 21, 2000, pursuant to provisions in the Children’s Online Privacy Protection Act of 1998 (“COPPA”).

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Tags: Advertisement, Consumer Protection, Cookies, COPPA, Enforcement, Federal Trade Commission, Geolocation, IP Address, Online Privacy

FTC Releases Follow-up “Mobile Apps for Kids” Report

On December 10, 2012, the Federal Trade Commission issued a new report, Mobile Apps for Kids: Disclosures Still Not Making the Grade, which follows up on the FTC’s February 2012 report, Mobile Apps for Kids: Current Privacy Disclosures are Disappointing. The FTC conducted a follow-up survey regarding pre-download mobile app privacy disclosures, and whether those disclosures accurately describe what occurs during use of the apps.

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Tags: COPPA, Data Processor, Enforcement, Federal Trade Commission, Geolocation, Mobile App, Mobile Device, Online Privacy, Privacy By Design, Social Media