Children's Privacy

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

Minnesota Makes 19: Will Rhode Island’s Privacy Law Replace Vermont’s Vetoed Privacy Law as #20? | Privacy World

Summarising the

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

The FCC’s Net Neutrality Order: Going Beyond Blocking, Throttling, and Fast Lanes | Privacy World

What Happened to the UK’s

Since its inception in 1998, the Children’s Online Privacy Protection Act (COPPA) has been the cornerstone of protecting the personal data of minors under the age of 13 in the United States. COPPA imposes various requirements, including parental consent, notice and transparency, and data minimization, among other things, on online services that are “directed to children [under 13]” and “mixed audience” online services, or those that have actual knowledge that they have collected personal data from a child [under 13] online.

Many organizations that previously did not have to worry about COPPA or COPPA-based standards as applied to state consumer privacy laws should be aware of the trend in state privacy legislation to expand restrictions and obligations beyond COPPA’s under age 13 standard, to minors that are at least 13 and under the age of 18 (“Teens”). This trend began in 2020 with the California Consumer Privacy Act (CCPA) requiring consent for “sale” of personal information of consumers at least age 13 but younger than 16 years of age  (the California Privacy Rights Act expanded that requirement to “sharing” as well). Consent must be given by the Teen or, if the consumer is under age 13, by the parent, using COPPA verification standards. Other relevant aspects regarding this trend, of which organizations should be aware, include:Continue Reading Trending: Teens’ Data Subject to Heightened Restrictions Under Ten (and Counting?) State Privacy Laws

State legislatures across the country were busy in 2023 and so far this year passing comprehensive consumer privacy laws and creating a vexing patchwork of compliance obligations.

Legislatures in Iowa, Indiana, Tennessee, Montana, Florida, Texas, Oregon, Delaware, New Jersey, New Hampshire, Kentucky, Maryland, Nebraska and Minnesota all enacted consumer privacy laws of their own with an additional consumer privacy law in Vermont awaiting action by the Governor. The fifteen laws passed in 2023 and 2024 join laws in California, Virginia, Colorado, Utah, and Connecticut which already are in effect. A chart at the end of this blog post notes each law’s effective date, three of which are effective at the end of this month.

While inspired by the EU General Data Protection Regulation and the California Consumer Privacy Act (“CCPA”), the new state consumer privacy laws take materially different approaches in many ways. States also have passed more targeted privacy laws pertaining specifically to consumer health data (beyond treating it as a category of sensitive personal data), the protection of children (beyond limiting the use of personal data), AI-specific laws (not part of a comprehensive consumer data regime) and laws regulating data brokers (typically controllers that sell personal data they do not directly collect from consumers). Congress continues to consider a federal law that would mostly preempt the state consumer privacy laws, as well as other laws specific to children’s online safety with partial preemption. In the meantime, data controllers (and to a lesser degree processors) face the challenge of determining which state consumer privacy laws apply and whether to apply applicable laws based on consumer residency or to apply a national highest standard to all consumers.

The SPB privacy team has developed a comprehensive guide on state consumer privacy laws, including comparison charts on key issues to help determine which laws apply and tips for enhancing information governance. Most of the new state consumer privacy laws require controllers to conduct and retain documentation of data privacy impact or risk assessments. Minnesota’s new consumer privacy law also requires a documented privacy compliance program reasonably designed to ensure compliance and data inventories. The most recent draft of the federal privacy law mandates privacy-by-design.

Following are some highlights of the emerging ‘high water mark’ (strictest requirement) for key aspects of consumer privacy in the United States:Continue Reading State Privacy Law Patchwork Presents Challenges

On 28 March 2024, Singapore’s Personal Data Protection Commission (Commission) published a set of advisory guidelines on the applicability of the Personal Data Protection Act (PDPA) on children’s personal data in the digital environment (Guidelines)[1].

What is the Ambit of the Guidelines?

The Guidelines are intended to clarify how Singapore’s comprehensive data protection legislation, the PDPA, including its provisions and obligations imposed on relevant organisations, apply to children’s personal data in the digital environment. More specifically, they apply to organisations whose online products or services are “likely to be accessed by children”.Continue Reading Singapore Issues Privacy Guidelines for Children’s Online Safety

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

In Narrow Vote California Moves Next Generation Privacy Regs Forward | Privacy World

EDPB Versus Ireland? Does the Opinion on

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.Continue Reading Privacy World Week in Review

In 2023, we analyzed the laws in Arkansas, Texas and Utah that require age verification and parental consent before allowing minors to create accounts on social media and other interactive platforms.  A similar law – Secure Online Child Interaction And Age Limitation (SOCIAL) Act – was passed in Louisiana, which has an in-force date of July 1, 2024.  Ohio legislators also enacted the Parental Notification by Social Media Operators Act (Ohio Act).  All of these laws have requirements that are similar to the proposed federal law titled Kids Online Safety Act” (KOSA), which we explain in a companion post).Continue Reading Protecting Kids Online – Part II

Online privacy and safety of children and teens are hot legislative topics this year. In a companion post we provide an update of federal and state legislative efforts to fundamentally change how online content and advertising are delivered to children and teens. We have previously discussed legislation in California and Connecticut to require assessments of online privacy impacts on minors. In this post we focus on proposed regulatory and legislative changes to the 1998 Children’s Online Privacy Protection Act (COPPA) (effective in 2000) and its corresponding regulations (COPPA Rule), which were last updated in 2013.Continue Reading Federal Children’s Privacy Requirements to Be Updated and Expanded