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Why COPPA Took Legal Action Against YouTube

Short answer

COPPA sued YouTube because YouTube allegedly violated the Children’s Online Privacy Protection Act by collecting personal information from children under 13 without obtaining verifiable parental consent. This legal action aimed to enforce children’s privacy rights and compel YouTube to change how it handles data on kid-directed content.

What Is COPPA and Why Does It Matter?

The Children’s Online Privacy Protection Act (COPPA) is a U.S. law passed to protect the privacy of children under 13 years old when they use websites and online services. The law requires companies to get parental consent before collecting personal data from children. This includes details like names, email addresses, location, and even tracking information about what children watch or do online. COPPA also requires businesses to clearly explain their privacy practices and give parents control over their child’s data.

Why does this matter for you? If you have children who use the internet, COPPA is designed to keep their information safe from misuse or over-collection. For content creators and companies, it means there are legal responsibilities around how they interact with children online. Non-compliance can lead to hefty fines and legal action. The law reflects a broader goal: to regulate the digital world so children can have safer online experiences.

How Does COPPA Work in Practice?

COPPA imposes specific rules on websites and online services that either target children or knowingly collect data from them. Here’s how it works step-by-step:

  1. Identify whether your site or app is child-directed: If your platform is aimed at children under 13 or you know children use it, COPPA applies.
  2. Inform parents: Post a clear and accessible privacy policy explaining what data you collect, why, and how you use it.
  3. Get parental consent: Before collecting any personal information from a child, get verifiable consent from a parent or guardian. This could be a signed form, a credit card transaction, or a phone call confirmation.
  4. Allow data access and deletion: Parents must be able to review and delete their child’s personal information.
  5. Protect the data: Ensure reasonable security measures to protect the information from unauthorized access or disclosure.

For example, imagine you run a website with a cartoon game popular among kids. Before the game asks players to enter their name or email for high scores, you must first get parental consent. Without this, the site violates COPPA.

YouTube is a major video platform that hosts content for all ages, including children. However, YouTube’s system collects data to deliver personalized ads, including data from children under 13, without getting parental consent first. This is exactly the kind of behavior COPPA forbids.

The Federal Trade Commission, which enforces COPPA, alleged that YouTube failed to distinguish between videos made for kids and those for general audiences effectively. This meant the platform was collecting and using children’s data improperly. For instance, when a child watches a cartoon video, YouTube’s algorithms would gather information about their viewing habits to serve targeted ads, even though the child’s parents never agreed to this.

This lawsuit was about holding YouTube accountable for protecting children’s privacy and forcing them to comply with the law’s requirements.

What Were the Consequences for YouTube?

As a result of the COPPA lawsuit, YouTube agreed to pay a large fine — one of the biggest ever for an online privacy violation. More importantly, YouTube had to change how it handles content aimed at children.

YouTube introduced a system requiring creators to label videos as “made for kids” or not. Videos marked as child-directed have restrictions: personalized ads cannot run, comments are disabled, and certain features like notifications or info cards are limited to protect children’s data and reduce data collection. This affects revenue for creators, but it’s a necessary step to comply with COPPA.

For example, if a content creator uploads a children’s toy review video, they must mark it as “made for kids.” Then, YouTube will serve only contextual ads (non-personalized) on that video to comply with the law. Failure to label videos correctly can result in penalties for creators and YouTube alike.

What Does This Mean for Parents and Content Creators?

For parents, this legal action means increased awareness of what data is collected when children watch videos online. Parents should monitor children’s use of YouTube and consider using YouTube Kids, an app designed with stricter content controls and privacy protections. Parents can also adjust settings on YouTube to limit data collection or restrict content.

Content creators now have a clear legal responsibility to identify whether their videos are child-directed. This requires understanding COPPA’s criteria, such as the subject matter (e.g., cartoons, toys, games), the intended audience, and the style of content. Creators should carefully review their videos before uploading and select the correct audience designation.

Creators who fail to comply risk legal consequences and losing monetization options. Knowing how to comply protects creators’ channels and helps maintain a safe space for children online.

How Is COPPA Different from Other Online Privacy Laws?

COPPA is focused specifically on protecting the privacy of children under 13. It is different from laws like the General Data Protection Regulation (GDPR) in Europe or the California Consumer Privacy Act (CCPA) in several ways:

Understanding these differences helps parents and creators know which rules apply to their situation and how to protect privacy effectively.

What Should You Do Next If You’re Concerned About COPPA and YouTube?

If you are a parent concerned about your child’s privacy on YouTube, start by:

If you are a content creator:

Businesses should consult legal professionals to ensure full compliance with COPPA to avoid fines. Staying informed and proactive about children’s online privacy can make the internet safer for young users. For deeper context, consider reading about how COPPA affects YouTube content and why COPPA is considered bad for YouTube.

Frequently asked questions

What happens if a website doesn’t comply with COPPA?

The FTC can take enforcement action, which may include fines—sometimes in the millions—and requirements to change privacy practices. Non-compliant sites risk losing user trust and legal penalties.

Can YouTube still collect any data from children?

YouTube can collect some non-personalized data on videos marked as “made for kids,” but it cannot collect personal data or serve targeted ads without parental consent.

What is verifiable parental consent, exactly?

Verifiable parental consent means confirming a parent agrees to data collection using methods like signed consent forms, credit card transactions, or phone calls. Simple checkboxes or emails usually aren’t enough under COPPA.

How can parents control their child’s data on YouTube?

Parents can use YouTube Kids, manage account settings, turn off personalized ads, and monitor watch history. They can also use parental control apps or devices that limit app usage.

Does COPPA apply to apps and games as well as websites?

Yes, COPPA applies to any online service, app, game, or website that collects personal information from children under 13 or targets that age group.

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Sources and further reading

General information about US law, not legal advice. Laws differ by state and change over time; for your situation, contact a lawyer or your local legal aid office.