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You are here: Home > Law > Kids' Issues > Kids' Privacy Pages Kids' Privacy PagesThe information our children give away can be very dangerous because we don't know what they're telling people, and who those people are. And . . . they're giving it away every time they log on! The collection of personal information from and about children has proven to be a hot topic, both politically and among parents and privacy activists. Since last Summer, the FTC has focused on online privacy issues, and especially on children and their privacy online. They recently announced that they will be reviewing Web sites to make sure that all sites which collect personal information from their visitors have a clear and easily found privacy policy. The "sting" operations have created a stampede of Web site operators trying to comply at the last minute with the FTC guidelines. Although many Web site operators are being caught unawares, the signals have been clear for almost a year, now. If you collect any personal information about your visitors, and use that information for any purpose, you need to disclose it. The visitors to your site need to have the opportunity to "opt-out," and not have the information used by the Web site operator. They have to get prior consent to share any personal information with third parties. If personal information is collected from children, they should be advised to check with parents before supplying any information, and their parents need to be given the chance to "opt-out" from having their children's information used by the Web site operator. Prior written consent (not relying on an unconfirmed e-mail address for the parents) must be obtained from the parents before any personal information about the child is shared with third parties. (Note that the FTC's position on this differs from the CARU guidelines.) The FTC and KidsCom.comIt all started with The Center for Media Education and KidsCom. KidsCom has a terrific children's site for children from 4-15, but ran into trouble recently for data collection from children at their site. Last year the Center for Media Education, a children's media watchdog group, filed a petition with the Federal Trade Commission asserting that the KidsCom site's data collection violated the consumer protection laws because they failed to disclose the purpose for collecting the data. In fact, they misrepresented the purpose for which the information was being collected. In July, 1997 the FTC agreed, but declined to take any punitive action since KidsCom had changed their practices. In all fairness, KidsCom wasn't any worse, and in many ways was substantially better than many other children's sites at that time. (They claimed that they didn't share specific data for third party commercial use, only aggregate anonymous data. In addition they claim that they didn't request street addresses from the children and always suggested children to consult with their parents before supplying information.) It's the first time that the FTC has issued an guidelines for data collection from children on the Internet. It is now clear that companies cannot gather "personally identifiable information" from children unless parents are notified. In addition, these companies have to obtain parents' consent before sharing such information with third parties. KidsCom was one of the earliest kids only sites on the Internet, having been online since February 1995. It doesn't use cookies or similar devices to gather electronic information, but collects data through its registration forms, contests and in connection with finding pen pals. KidsCom now sends a confirmatory e-mail to parents when kids register at the site, disclosing their data collection practices. Then parents can object to use of data containing their child's information. No information that identifies any particular child is shared with third parties without prior written approval. Prior to the investigation, KidsCom used to make certain information available to prospective pen pals when the children signed up for their Key Pal pen pal program. Now KidsCom requires parents to authorize the release of this information by facsimile or snail mail (a regular letter) before the pen pal information can be released to prospective pen pals. The FTC survey discloses that notwithstanding two years of warning...the Web sites are still asking kids for personally identifiable information, without parental consent or notice, and most don't even disclose privacy practices. Often the children receive free gifts or chances to win prizes for completing the questionnaires. Some sites are using this information just for their own marketing, while others are selling the data they collect to third parties and advertisers. Most of us, who specialize in online privacy legal issues, separate the data-gathering purposes into three groups:
In an attempt to provide guidance to members of its advertising industry group, The Better Business Bureau's Children's Advertising Review Unit (CARU) compiled voluntary guidelines to be used when gathering children's data on the Internet. The new child privacy law requires that parents receive notice of their children's intent to register at a site and must give reliable forms of consent before children 12 and under chat, share personally identifiable information with the site or third-parties, or register at a site. Offline parental consent (regular mail, phone calls or fax) is the new standard for children 12 and under. |
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