It was brought to my attention that a bank has sent out an opt out for parents to sign either allowing or not allowing the bank to publish the name(s) or photo(s) of their children. If we use a child's name or photo in a bank newletter do we need to provide an opt out. I was under the impression that COPPA only applies to online transactions/information. What is your interpretation of COPPA? Or does this go beyond COPPA?

COPPA has nothing to do with the release of informtion about children. It only deals with the collection of information from kids online. See http://www.ftc.gov/ogc/coppa1.pdf.

I agree with Richard that it is not a COPPA issue, assuming you didn't get the childrens information from the children.

This is more of a personal privacy issue. For example, the CEO of some local corporation may not want their child's photo openly published or drawn attention to, for security reasons.

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Andy Zavoina
Opinions stated are not necessarily that of my employer.

Good, I didn't think that it was a COPPA issue. Now, if it is a privacy issue, are we required to provide an opt out if we put children's names/photos in newletters? For instance if they are winners in a contest of some sort and we print a list of the winners in our children's newsletter. (It would not be from information that was collected online)

I'm not certain that GLB Privacy rules would be applicable based on publishing a picture. I do know that anytime we have used a consumers picture we have always obtained a release in advance. Whether that is done under some marketing rule, as a result of litigation and a best practice or simply because it is necessary due to an implied endorsement, it is the way we have always done it. Not a good answer, but the best I have at the moment.

If nothing else, it is a courtesy and saves you from having a complaint later that the consumer objects to this.

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Andy Zavoina
Opinions stated are not necessarily that of my employer.