FTC Seeks Public Comment on Proposed Verifiable Parental Consent Method under COPPA Rule | Practical Law

FTC Seeks Public Comment on Proposed Verifiable Parental Consent Method under COPPA Rule | Practical Law

The FTC is seeking public comment on a proposed verifiable parental consent method submitted by iVeriFly, Inc. under the Children's Online Privacy Protection Rule.

FTC Seeks Public Comment on Proposed Verifiable Parental Consent Method under COPPA Rule

by Practical Law Intellectual Property & Technology
Published on 17 Dec 2013 • USA (National/Federal)
The FTC is seeking public comment on a proposed verifiable parental consent method submitted by iVeriFly, Inc. under the Children's Online Privacy Protection Rule.
The FTC has issued a notice seeking public comment on a proposed method for obtaining verifiable parental consent under the Children's Online Privacy Protection Rule (COPPA Rule) (78 FR 77026-01 (Dec. 20, 2013)). The proposal was submitted for FTC approval by iVeriFly, Inc. The full text of iVeriFly's application is available on the FTC's website.
The COPPA Rule requires operators of websites and online services (including mobile apps) that are directed to children or have actual knowledge that they collect personal information from children to obtain verifiable consent from a child's parent or legal guardian before collecting personal information from the child. In addition to setting out several permitted methods for obtaining this consent, the COPPA Rule allows interested parties to request FTC approval for other methods. The FTC:
  • Has 120 days to review the proposed method.
  • Will then set out its conclusions in writing.
In particular, the FTC seeks comment on whether:
  • The methods set out in Section 312.5(b)(1) of the COPPA Rule already cover the proposed method.
  • If it is a new method, the proposed method meets the requirements for parental consent set out in 312.5(b)(1) of the COPPA Rule. The FTC specifically asks whether it is reasonably calculated, in light of available technology, to ensure that the person providing consent is the child's parent.
  • The proposed method poses a risk to consumers' personal information and, if so, whether the benefit to consumers and businesses of using this method outweigh those risks.
Comments are due on or before January 21, 2014. They may be submitted on paper or online through the FTC's website.