{"id":5658,"date":"2024-10-30T05:54:00","date_gmt":"2024-10-30T11:54:00","guid":{"rendered":"https:\/\/trustarc.com\/?post_type=resource&p=5658"},"modified":"2024-10-25T08:45:34","modified_gmt":"2024-10-25T14:45:34","slug":"exploring-the-world-of-u-s-childrens-privacy","status":"publish","type":"resource","link":"https:\/\/trustarc.com\/resource\/exploring-the-world-of-u-s-childrens-privacy\/","title":{"rendered":"Exploring the World of U.S. Children\u2019s Privacy"},"content":{"rendered":"\t\t
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Exploring the World of U.S. Children\u2019s Privacy<\/h1>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\n\n\t
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\n\t\t\t\t\t\t\t\t\t\t\tConnie Lam<\/strong>\n\t\t\t\t\t\t\t\t\t\t\t\tPrivacy Knowledge Researcher<\/span>\n\t\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\t<\/a>\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t
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In a heavily digital era, children\u2019s online privacy has never been so crucial due to the ease of accessibility to the Internet. Children\u2019s data is usually considered sensitive because they are a vulnerable demographic. They may not understand the risks of data processing and the impacts on their online privacy and, therefore, be unable to provide informed consent.<\/p>\n

The federal Children\u2019s Online Privacy Protection Act <\/em>(COPPA)<\/a>, set the standard for protecting children\u2019s privacy by providing them and their parents with safeguards to maintain their privacy online. While additional federal legislation is currently in the works, several states are busy drafting and enacting state-specific legislation to bolster children’s protections, such as consumer privacy laws that include provisions relating to children\u2019s data, Age Appropriate Design Codes, and laws exclusively concerning children.<\/p>\n

With so many state-specific laws, it\u2019s paramount to keep track of and be aware of your obligations across states. This article compares and contrasts children’s privacy laws and highlights key privacy requirements to help you stay on top of your children\u2019s data responsibilities.<\/p>\n

Federal children\u2019s privacy requirements<\/h2>\n

COPPA<\/h3>\n

COPPA specifically applies to operators of online websites and services oriented for children under the age of 13 who collect, use, and\/or share their personal information, including operators with actual knowledge that they are processing data from children under the age of 13.<\/p>\n

Some key requirements for operators<\/strong> include providing a privacy notice on their website and directly to parents explaining their activities of children\u2019s data processing, developing procedures to obtain verifiable parental consent, and providing parents the right to review their child\u2019s personal information in their possession, including the opportunity to refuse further data collection\/processing.<\/p>\n

However, as technologies become increasingly advanced, operators are finding new ways to collect information from children and teens. In response, proposed amendments are being made to COPPA through the Children\u2019s and Teens Online Privacy Act (COPPA 2.0)<\/a>. This act passed the Senate on July 29, 2024.<\/p>\n

COPPA 2.0 adds a new definition of \u2018teens,\u2019 which is defined as an individual over the age of 12 and under the age of 17. The amendments require the exercise of standard data processing principles, such as data and purpose limitation. They prohibit operators from disclosing to third parties or collecting children\u2019s and teens\u2019 personal information for targeted advertising. Operators are also required to develop a mechanism that enables users or their parents to erase personal information of a child or teen from their website.<\/p>\n

The Kids Online Safety Act (KOSA)<\/h3>\n

KOSA is another federal bill that\u2019s highly anticipated, which recently passed the Senate on July 29, 2024. The main difference between COPPA and KOSA is that KOSA focuses on governing the use of algorithms and displaying certain content to children by social media providers.<\/p>\n

Key requirements under KOSA mandate that providers offer mechanisms for parents to flag harmful content on the platform. Providers must also supply tools that allow parents to monitor their child\u2019s online activity. They are required to disclose information to parents about how children’s data is processed within their algorithms. Additionally, KOSA prohibits advertising products or services to children that are illegal to sell to them.<\/p>\n

Navigating state children\u2019s privacy requirements<\/h2>\n

Consumer privacy laws<\/h3>\n

More and more states are proposing consumer privacy laws, while 20 have already signed their laws. Most state laws have several overlapping requirements related to children.<\/strong> Including:<\/p>\n