COPPA Rule Amended Following Mobile Apps for Kids Review

The Mobile Apps report is a follow-up to an earlier report published in February 2012. That report found that little information on privacy practices and interactive features was available to parents prior to app download. It called on “all members of the kids’ app ecosystem – app stores, developers, and third parties that interact with the apps – to provide greater transparency about the data practices and interactive features of apps geared to children.”

Now in its second report it says that this hasn’t happened; and has found even greater problems. The new survey went further and tested the apps to compare actual practices with disclosed practices – and found that “many apps included interactive features or shared kids’ information with third parties without disclosing these practices to parents.”

FTC staff, it warns, “has initiated a number of investigations to address the gaps between company practices and disclosures. These discrepancies could constitute violations of COPPA or the FTC Act’s prohibition against unfair or deceptive practices.” Yesterday FTC published its amendment to the COPPA Rule to “strengthen kids’ privacy protections and give parents greater control over the personal information that websites and online services may collect from children under 13.” The amended Rule will be published in a notice in the Federal Register, and will come into effect on July 1, 2013.

“I am confident,” announced said FTC Chairman Jon Leibowitz, “that the amendments to the COPPA Rule strike the right balance between protecting innovation that will provide rich and engaging content for children, and ensuring that parents are informed and involved in their children’s online activities.”

One thing is clear: awareness of privacy for kids is on the rise. On Monday, after the Mobile report but before announcement of the amended COPPA Rule, Nickelodeon pulled SpongeBob Diner Dash from the Apple’s App Store when it learnt of a complaint lodged by the Center for Digital Democracy (CDD) with the FTC. It seems to confirm the FTC staff report. “User data collection is in accordance with applicable law, such as COPPA,” stated Nickelodeon on the App Store description. But the app asks for children’s names and email addresses without prior parental permission – clearly in contravention of COPPA for all users under the age of 13.

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