4. Does the amended Rule prohibit grownups, such as for instance moms and dads, grand-parents, instructors, or coaches from uploading photos of children?

4. Does the amended Rule prohibit grownups, such as for instance moms and dads, grand-parents, instructors, or coaches from uploading photos of children?

COPPA just covers information collected online from kids. It will not protect information gathered from grownups that will pertain to young ones. Therefore, COPPA just isn’t brought about by a grownup uploading photos of kiddies on an audience that is general or in the non-child directed part of a mixed-audience site.

Nevertheless, operators of sites or online solutions which are mainly directed to kids (as defined because of the Rule) must assume that the individual uploading a photograph is a young child as well as must design their systems either to: (1) give notice and obtain previous consent that is parental (2) eliminate any son or daughter images and metadata just before posting, or (3) produce a unique area for publishing by grownups, if it may be the intention.

5. My application is directed to kiddies. A young child can upload pictures to the software and manipulate and enhance the pictures in numerous means, however the software will not send any information that is personalpictures or else) through the child’s unit. Have always been I “collecting” personal information since the son or daughter is getting together with an image stored from the device?

No. You’re not gathering private information mainly because personal information to your app interacts this is certainly saved regarding the unit and it is never sent.

F. GEOLOCATION DATA

1. We immediately collect geolocation information from users of my children’s software, but i actually do perhaps not utilize this information for such a thing. Am we in charge of notifying moms and dads and having their permission to such collection?

Yes. COPPA covers the assortment of geolocation information, not only its usage or disclosure.

2. Wemagine if I give my users a selection to show off geolocation information? Do we still need to alert moms and dads and get prior parental consent?

COPPA was designed to inform moms and dads and present them the decision to consent. Consequently, it’s not enough to deliver notification that is such ok cupid option towards the youngster individual of a webpage or solution. The operator will be responsible for notifying parents and obtaining their consent prior to such collection if the operator intends to collect geolocation information.

3. The amended Rule covers “geolocation information enough to recognize road name and title of town or city. ” Let’s say my children’s software just collects geolocation that is coarse, tantamount to collecting a ZIP code but absolutely nothing more specific?

COPPA will not need an operator to alert moms and dads and acquire their permission before collecting the sort of coarse geolocation services described. But, the operator must certanly be quite sure that, in every circumstances, the geolocation information it gathers is much more basic than that sufficient to determine street title and title of city or city.

4. The geolocation information we gather through my application provides coordinate figures. It generally does not especially recognize a street title and title of town or city. Do i need to alert parents and get their consent in this situation?

COPPA covers the assortment of geolocation information that is“sufficient determine road title and title of town or city. It generally does not need the real target recognition of these information during the time of collection. An example where COPPA could be triggered is where an application takes the user’s longitude and latitude coordinates and translates them to an accurate location on a map.

G. GENERAL AUDIENCE, TEEN, AND SITES that are MIXED-AUDIENCE SERVICES

1. Am I responsible if kiddies lie about how old they are through the enrollment procedure back at my basic audience website?

The Rule will not need operators of basic market web sites to research the many years of people to their web internet sites or solutions. See 1999 Statement of Basis and Purpose, 64 Fed. Reg. 59888, 59892. Nevertheless, operators are going to be held to possess obtained real understanding of having gathered information that is personal a son or daughter where, as an example, they later observe a child’s age or grade from the concerned moms and dad who may have discovered that their son or daughter is participating on the internet site or solution.

2. I’ve an online service that is designed for teens. How exactly does COPPA affect me?

Although you could want to run a “teen service, ” in truth, your internet site may attract a considerable amount of young ones under 13, and therefore might be regarded as a “Web web site or online solution directed to children” under the Rule. In the same way the Commission considers a few facets in determining whether a niche site or solution is directed to kiddies, you too must look into your service’s subject material, artistic content, character alternatives, music, and language, on top of other things. Then your solution is “directed to young ones. If for example the solution goals young ones as you of its audiences – even in the event kids aren’t the primary audience –”

In circumstances where kids aren’t the principal market of one’s child-directed solution, the amended Rule enables you to use an age display so that you can offer COPPA’s defenses to simply those site visitors whom suggest they’ve been under age 13. Keep in mind that internet web internet sites or services directed to children cannot utilize the age display to block kiddies under age 13. See FAQ D. 2 above. When you identify child visitors, you may decide to:

  1. Collect moms and dads’ online contact information to produce direct notice in purchase to get parents’ consent to your data collection, usage and disclosure methods; or
  2. Direct kid visitors to content that doesn’t include the collection, usage, or disclosure of information that is personal.

About the Author: Ian Jasbb