The Children's Online Privacy Protection Act
- Applies to the online collection of personal information from children under 13.
- Which sites must comply?
- Commercial Web site or an online service directed to children under 13 that collects personal information from children
- General audience Web site that has actual knowledge it is collecting personal information from children.
- Factors to determine if a Web site is directed to children
- Subject matter
- Visual or audio content
- Age of models on the site
- Advertising on the Web site is directed to children
- Information regarding the age of the actual or intended audience
- Animated characters or other child-oriented features
- What information does the statute apply to?
- Individually identifiable information:
- Full name, home address, e-mail address, telephone number or any other information that would allow someone to identify or contact the child.
- Hobbies, interests and information collected through cookies or other types of tracking mechanisms -- when they are tied to individually identifiable information.
- On the home page of its Web site or online service, and
- At each area where it collects personal information from children.
- General audience site with a separate children's area must post a link to its notice on the home page of the children's area.
- Link to the privacy notice must be clear and prominent:
- Use a larger font size or a different color type on a contrasting background to make it stand out.
- Link in small print at the bottom of the page -- or a link that is indistinguishable from other links on the site -- is not considered clear and prominent.
- Verifiable Parental Consent
Must obtain before collecting, using or disclosing personal information from a child.
Must make reasonable efforts (taking into consideration available technology) to ensure that before personal information is collected from a child, a parent of the child receives notice of the operator's information practices and consents to those practices.
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