Examples of COPPA Violations
Short answer
COPPA violations happen when websites or online services collect personal information from children under 13 without obtaining verifiable parental consent or fail to secure and manage that data properly. Common examples include apps requesting kids’ names and birthdays directly, websites sharing children’s data with advertisers without permission, or failing to provide parents access to their child’s information. These breaches can lead to significant fines and legal action.
What is COPPA in plain words?
The Children’s Online Privacy Protection Act (COPPA) is a U.S. federal law designed to protect the privacy and safety of children under 13 when they use websites, apps, or online services. It sets clear rules about what information can be collected from children and how businesses must handle it. Personal information covered by COPPA includes a child’s name, home or email address, phone numbers, photographs, videos, audio files, location data, and even persistent identifiers like cookies or IP addresses.
COPPA applies mainly to websites or online services that are either directed toward children or that knowingly collect information from children under 13. For example, a website offering games or educational material specifically for children must comply, but so must a social media platform that realizes some users are under 13. The law requires operators to post a privacy policy, clearly explain what data they collect, get parental consent before collecting data, and give parents the right to review and delete their child’s information.
This law aims to give parents control over their children’s online privacy and reduce the risk of misuse or exploitation of children's personal data. It also tries to make children’s online experiences safer by preventing companies from collecting detailed data without oversight.
How does COPPA work? A detailed hypothetical example
Suppose you create an app called “FunLearn” that offers educational videos and quizzes for kids under 13. Here’s how COPPA would apply:
- Privacy Policy: You must have a clear, easy-to-understand privacy policy that tells parents exactly what data you collect (for example, child’s name, email address) and how you use it (like sending emails about new videos, or improving the app experience).
- Parental Consent: Before a child can enter their name or email in your app, you must get verifiable parental consent. This could be a consent form emailed to the parent, a credit card verification, or a phone call.
- Parental Rights: You must give parents the chance to see the information collected about their child and allow them to delete it if they want.
- Data Security and Sharing: You must keep the child’s data secure and not share it with third parties (like advertisers) unless parents approve.
If a 9-year-old downloads FunLearn and inputs their name and birthday but you do not ask the parent for permission, or you share the child’s data with advertisers without parental consent, that is a COPPA violation.
The Federal Trade Commission enforces COPPA and can investigate complaints. Companies found violating COPPA may face fines and orders to change their practices.
Why does COPPA matter for you as a parent, educator, or website operator?
For parents, knowing COPPA helps you protect your child’s online privacy. You can check if apps or websites your child uses provide parental consent options and clear privacy policies. If you suspect a violation, you can report it and discuss safe online habits with your child.
For educators, being aware of COPPA means you can recommend resources that respect children’s privacy and help students understand why protecting personal data is important.
For website or app operators, COPPA compliance is essential. Violating the law can result in costly fines, legal actions, and loss of customer trust. Implementing COPPA guidelines properly also shows your commitment to ethical data practices and can be a competitive advantage.
Understanding COPPA promotes safer online environments for children and helps build trust between users and service providers.
What are common and clear examples of COPPA violations?
Here are some typical COPPA violations with concrete examples:
- Collecting personal info without parental consent: An online game allows players to enter their names and birthdays but never asks for or verifies parental approval.
- Sharing children’s data with advertisers secretly: A children’s educational website tracks user behavior and sells that data to marketing companies without informing parents.
- Using cookies or tracking to profile kids without disclosure: A kid-focused app uses persistent identifiers to track usage across multiple sites but fails to disclose this or get consent.
- Failing to provide parental access or deletion rights: A platform collects videos and photos from kids but does not give parents a way to review or remove that content.
- Inadequate security of collected data: A children’s chat app stores personal info without encryption, potentially exposing it to hackers.
For example, suppose a popular kids’ video app automatically collects precise location data and shares it with advertisers to target ads but does not get parental consent or notify parents. This would clearly violate COPPA rules.
Another example: a quiz site asks kids to enter their email addresses to get results but then sends promotional emails without parental approval, breaching the law.
What terms do people often confuse with COPPA, and how are they different?
Several privacy laws or terms are sometimes mixed up with COPPA:
- GDPR-K (General Data Protection Regulation for Kids): This is a European Union regulation protecting children’s data privacy, similar to COPPA but with different rules and a broader age range.
- FERPA (Family Educational Rights and Privacy Act): A U.S. law that protects student education records in schools, unrelated to online data collection or parental consent for websites.
- Children’s Privacy Rights: A general phrase for various laws and principles protecting kids, but COPPA specifically regulates online data collection from children under 13.
- Data Breaches: These occur when private data is stolen or leaked; COPPA violations concern the lawful collection and consent process, not data theft.
- Parental Controls: Tools or software parents use to limit or monitor children’s internet use; these do not replace COPPA’s legal requirements.
Understanding these differences helps clarify what COPPA demands and what other laws or tools cover.
What steps can you take if you suspect a COPPA violation?
If you believe a website or app is violating COPPA, here’s a step-by-step approach:
- Review the Site’s Privacy Policy: Check if it mentions parental consent and explains data collection practices.
- Contact the Website or App: Ask how they obtain parental consent and how they protect children’s information.
- Protect Your Child: Monitor and limit the apps and sites your child uses, and talk with them about online privacy and safety.
- Report to the FTC: File a complaint with the Federal Trade Commission, which enforces COPPA, by providing details about the suspected violation.
- Educate Yourself: Learn more about COPPA compliance requirements if you operate a website or app to avoid violations.
- Seek Legal Help if Needed: Contact legal aid services or a lawyer to understand your rights or responsibilities, especially for businesses.
By following these steps, parents and users help maintain safer online spaces for children and encourage companies to comply with the law.
What resources are available to learn more and ensure compliance?
Several official and educational resources can help you understand and comply with COPPA:
- Federal Trade Commission: The main enforcement agency, offering guidelines and complaint submission options.
- COPPA Compliance Guides: Many websites provide clear instructions about how to implement COPPA rules effectively, including what parental consent looks like.
- Educational Articles: Articles like COPPA Rules Every Website Should Know and Understanding COPPA Law explore the law’s details and practical steps.
- Legal Aid Organizations: For personalized advice or if you face a COPPA-related legal issue, services like Legal Services Corporation can assist.
Use these resources to stay informed, protect children’s privacy, and avoid costly mistakes in online services.
Frequently asked questions
Does COPPA apply to children over 13?
No, COPPA specifically protects children under 13. Data collection from users age 13 and older falls under other privacy laws.
What is “verifiable parental consent” under COPPA?
It means obtaining clear permission from a parent or guardian before collecting a child’s personal information, using methods like signed forms, phone calls, or credit card verification.
Can a website require parental consent for all users to avoid COPPA issues?
Yes, some sites choose to require parental consent for all users under 18 to simplify compliance, but it is not required by COPPA except for children under 13.
Are educational websites exempt from COPPA?
No, educational websites directed at children under 13 must comply with COPPA even if they are nonprofit or school-related.
How do enforcement and penalties work for COPPA violations?
The FTC investigates complaints and can levy fines, require corrective actions, or bring lawsuits against violators.