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FTC finalizes changes to COPPA rule

The Federal Trade Commission has announced it has finalized changes to the Children’s Online Privacy Protection Rule to set new requirements around the collection, use and disclosure of children’s personal information and give parents new tools and protections to help them control what data is provided to third parties about their children.

The final rule requires parents to opt in to third-party advertising and includes other changes to address the emerging ways that consumers’ data is collected and used by companies, and particularly how children’s data is being shared and monetized.

The COPPA Rule, which first went into effect in 2000, requires certain websites and other online services to obtain verifiable parental consent before collecting, using or disclosing personal information from children under 13. It also provides other important rights for parents, including the right to require operators to delete personal information collected from their children, and imposes independent obligations on covered operators, for example with respect to data minimization and data retention.

The FTC's final rule makes several changes to the COPPA rule, including:

  • Requiring opt-in consent for targeted advertising and other disclosures to third parties
  • Limits on data retention
  • Increasing Safe Harbor programs' transparency
  • Amendments to several definitions, including expanding the definition of personal information to include biometric identifiers as well as government-issued identifiers

The final rule will become effective 60 days of its publication in the Federal Register. Compliance will be mandatory one year after publication.

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