On December 20, 2023, the Federal Trade Commission (FTC) announced proposed changes to the Children’s Online Privacy Protection Rule (COPPA Rule) that would place significant new restrictions on companies that collect personal information from children under 13.
The COPPA Rule applies to operators of websites and online services that are directed to children under 13 or that have “actual knowledge” that they are collecting personal information from children under 13. It imposes notice, consent, data security, and data minimization requirements, among other things. The FTC last updated the Rule in 2013, when it made a number of changes to reflect the increasing use of mobile devices and social networks (e.g., by expanding the definition of “personal information” to include persistent identifiers such as cookies that track a child’s activity online, as well as geolocation information, photos, videos, and audio recordings). The FTC initiated the current Rule review in 2019, during the prior administration. In response to its request for public comment on updating the Rule, the FTC received over 175,000 comments from industry, consumer advocacy groups, regulators, technologists, and others. We expect to see a similarly robust response to the request for public comment on the proposed changes to the Rule.
The FTC is proposing to modify most of the Rule’s provisions. Key changes to the Rule are summarized below.
Key Changes:
The FTC is accepting public comment on the proposed changes to the Rule for 60 days after publication in the Federal Register, which should be in the next few weeks.
Wilson Sonsini Goodrich & Rosati routinely advises companies on significant FTC developments and on compliance with the COPPA Rule. For additional guidance on the proposed changes to the COPPA Rule, or if you would like to submit a comment, please contact Chris Olsen, Libby Weingarten, Maneesha Mithal, Kelly Singleton, or another member of the firm’s privacy and cybersecurity practice.