sing it with me now…. Five Golden Rules…….(well, five new privacy laws/requirements) There are five significant new privacy laws/amendments that will be effective as of New Year’s Day — January 1, 2015 — and four are from California. Pull up a chair, brew that cup of tea. It’s time to review and prepare.
As we promised in our post on the Yelp and TinyCo Federal Trade Commission COPPA enforcement actions, the Mintz Privacy Team has prepared an extensive review and analysis of both actions, and a helpful guide to avoiding COPPA violations. Client Advisory is available here.
Written by Julia Siripurapu, CIPP As we predicted in prior blog posts (here and here), the Federal Trade Commission has begun its vigorous enforcement of the Amended COPPA Rule. And one of the players is not a child-related site, so read on.
Written by Julia Siripurapu, CIPP/US According to recent media reports, Google is allegedly designing a Google account for children under 13 which would permit children in this age group to officially create their own Gmail account and to access a kid-friendly version of YouTube. Google currently prohibits children 12 and under from creating a Google… Continue Reading
Written by Julia Siripurapu, CIPP U.S. District Court Judge Ronald M. Whyte has issued an order granting in part and denying in part Google’s Motion to Dismiss the class action filed against the Company on March 7 in the U.S. District Court for the Northern District of California as a result of unauthorized children’s in-app purchases… Continue Reading
Written by Julia Siripurapu, CIPP/US Some clarification and a bit more flexibility was forthcoming late last week from the Federal Trade Commission to help ease compliance with the “new” COPPA. In its recent update to three FAQs in Section H (Verifiable Parental Consent) of the COPPA FAQs , the FTC provided important information on the topic of… Continue Reading
FTC Sues Amazon Over In-App Purchases Made by Children Written by Jake Romero, CIPP Children, according to Whitney Houston, are our future, but they are also, according to the Federal Trade Commission, willing to spend unlimited amounts of money to purchase virtual items within mobile applications. In a lawsuit filed after Amazon.com, Inc. resisted a… Continue Reading
Written by Julia Siripurapu, CIPP Just a little over a month after settling charges of false promises of disappearing user messages (among other things) with the Federal Trade Commission (“FTC”), mobile app developer Snapchat, Inc. (“Snapchat” or “Company”) announced (blog post) that on June 12th the Company entered into an agreement with the Office of… Continue Reading
Written by Julia Siripurapu, CIPP The FTC has just published updates to the COPPA FAQs, the Commission’s compliance guide for businesses and consumers, to address the applicability of COPPA and the Amended COPPA Rule to educational institutions and businesses that provide online services, including mobile apps, to educational institutions. The “COPPA and Schools” FAQs cover in… Continue Reading
Written by Julia Siripurapu, CIPP/US Delaware state representative Darryl Scott recently introduced the Child Online Protection Act (House Bill 261 or the “Bill”), to the state’s House of Representatives. If passed, the Bill would: (1) prohibit the online marketing and advertising of certain products and services to children under the age of 18 (“Minors”) as well… Continue Reading
Written by Julia Siripurapu, CIPP/US Just two months after Apple’s settlement with the FTC over lax parental controls over children’s in-app purchases (see our prior blog post), Google takes the spotlight with claims of unauthorized children’s in-app purchases in the Google Play Store! This time, it’s not an FTC action, but a class action. The… Continue Reading
Written by Julia Siripurapu The Children’s Advertising Review Unit (CARU) announced (press release) that it has recommended that HarperCollins Publishers Ltd. (the “Company”) modify its information collection practices on its Ruby Redfort child-directed website (the “Site”) to better protect the privacy of children under 13 (“Children”) and that the Company has agreed to do so…. Continue Reading
Written by Julia Siripurapu The FTC has announced its unanimous approval for the kidSAFE Seal Program proposed by Samet Privacy, LLC under the “safe harbor” provision of the COPPA Rule (the “kidSAFE Seal Program”). The Commission’s decision comes after an extended public comment period due to the agency’s shutdown last year. For more information regarding… Continue Reading
Written by Julia Siripurapu and Cynthia Larose Apple Agrees to Pay Consumers At Least $32.5 Million to Settle Complaint of Unfair Billing Related to Children’s In-App Charges FTC Chairwoman Edith Ramirez just announced (press conference) that Apple, Inc. (“Apple”) has agreed to provide consumers full refunds of at least $32.5 Million Dollars to settle the… Continue Reading
Written by Julia Siripurapu As we predicted in our prior blog post reviewing the key children’s privacy developments of the past year, 2014 is turning out to be the year of enforcement of children’s privacy regulations! The first two requests for investigation under the Amended COPPA Rule have been filed with the FTC by the Center… Continue Reading
Written by Julia Siripurapu The FTC has announced (press release) that it has unanimously approved the knowledge-based authentication method proposed by Imperium, LLC (“Imperium”) as a COPPA-compliant method of obtaining verifiable parental consent (“VPC”). Knowledge-based authentication has been used by entities in the financial services industry to authenticate users for several years. For more information… Continue Reading
Significant compliance obligations with children’s privacy rules! Written by Julia Siripurapu, CIPP/US Last December, the FTC gave to us the long awaited (or maybe not so much by covered entities!) final amendments to the 14-year old Children’s Online Privacy Protection Act (COPPA) Rule (the “COPPA Rule,” and as amended, the “Amended COPPA Rule”). Published in… Continue Reading
Well, the headlines don’t exactly work with the traditional tune, but blame the editor for that….. Written by Jake Romero, CIPP/US 2013 was a busy year for California. We passed a budget with a surplus, let Kim and Kanye get engaged in one of our stadiums and panicked over possibly losing Sriracha sauce. At the… Continue Reading
The month of November is quickly slipping by – this is the time to be looking at the 2014 cybersecurity and data privacy goals and updates and planning ahead. Our selected bits and bytes for this Monday: FTC Denies AssertID, Inc.’s Application for Obtaining Verifiable Consent Under the COPPA Rule The FTC recently announced (press… Continue Reading
The FTC has announced (press release) that, as a result of the recent shut down of the agency, the Commission has voted unanimously to extend the public comment periods for two recent proposals under the COPPA Rule. Specifically, the public comment period for the verifiable parental consent solution proposed by Imperium, LLC (“Imperium VPC Method”) scheduled… Continue Reading
Written by Julia Siripurapu, CIPP In a Federal Register notice to be published shortly, the FTC is seeking public comment on the kidSAFE Seal Program proposed by Samet Privacy, LLC under the “safe harbor” provision of the COPPA Rule. This provision enables industry groups or other interested entities to submit to the FTC for approval… Continue Reading
Written by Julia Siripurapu The FTC has announced (press release) that it is seeking public comment on a second verifiable consent method proposed under the Voluntary Commission Approval Process provision of the COPPA Rule. The proponent is Imperium, LLC (“Imperium”), a Connecticut-based technology services company. The Federal Register notice inviting public comment will be published shortly…. Continue Reading
Written by Julia Siripurapu, CIPP Yesterday, the FTC published a Federal Register notice requesting public comment on the first new method for obtaining verifiable parental consent submitted for FTC approval by AssertID, Inc under the Voluntary Commission Approval Process provision of the COPPA Rule. The FTC is particularly interested in receiving comments on the questions… Continue Reading
Time flies when it comes to compliance deadlines As we have blogged here, the Amended COPPA Rule compliance deadline is approaching. And if you haven’t addressed your compliance issues by Monday, you will be late. Effective July 1, 2013, regulations issued in the December 2012 amendment to the Children’s Online Privacy Protection Act (COPPA)… Continue Reading