Matt went into his son’s bedroom one evening and found him stretched out on his bed typing on his laptop. “Doing your network?

SCENARIO

Please use the following to answer the next QUESTION:

Matt went into his son’s bedroom one evening and found him stretched out on his bed typing on his laptop. “Doing your network?” Matt asked hopefully. “No,” the boy said. “I’m filling out a survey.”

Matt looked over his son’s shoulder at his computer screen. “What kind of survey?” “It’s asking Questions about my opinions.”

“Let me see,” Matt said, and began reading the list of Questions that his son had already answered. “It’s asking your opinions about the government and citizenship. That’s a little odd. You’re only ten.”

Matt wondered how the web link to the survey had ended up in his son’s email inbox. Thinking the message might have been sent to his son by mistake he opened it and read it. It had come from an entity called the Leadership Project, and the content and the graphics indicated that it was intended for children. As Matt read further he learned that kids who took the survey were automatically registered in a contest to win the first book in a series about famous leaders.

To Matt, this clearly seemed like a marketing ploy to solicit goods and services to children. He asked his son if he had been prompted to give information about himself in order to take the survey. His son told him he had been asked to give his name, address, telephone number, and date of birth, and to answer Questions about his favorite games and toys.

Matt was concerned. He doubted if it was legal for the marketer to collect information from his son in the way that it was. Then he noticed several other commercial emails from marketers advertising products for children in his son’s inbox, and he decided it was time to report the incident to the proper authorities.

How could the marketer have best changed its privacy management program to meet COPPA “Safe Harbor” requirements?

A. By receiving FTC approval for the content of its emails

B. By making a COPPA privacy notice available on website

C. By participating in an approved self-regulatory program

D. By regularly assessing the security risks to consumer privacy

View Answer

Answer: C

Explanation:

The Children’s Online Privacy Protection Act (COPPA) is a federal law that protects the privacy of children under 13 who use online sites and services. COPPA requires operators of such sites and services to obtain verifiable parental consent before collecting, using, or disclosing personal information from children, and to provide notice of their information practices to parents and the public. COPPA also gives parents the right to access, review, and delete their children’s personal information, and to limit further collection or use of such information.1

One way for operators to comply with COPPA is to participate in an approved self-regulatory program, also known as a “safe harbor” program. These are programs that are run by industry groups or other organizations that set and enforce standards for privacy protection that meet or exceed the requirements of COPPA. Operators that join a safe harbor program and follow its guidelines are deemed to be in compliance with COPPA and are subject to the review and disciplinary procedures of the program instead of FTC enforcement actions. The FTC has approved several safe harbor programs, such as CARU, ESRB, iKeepSafe, kidSAFE, PRIVO, and TRUSTe.2

By participating in an approved self-regulatory program, the marketer in the scenario could have best changed its privacy management program to meet COPPA “Safe Harbor” requirements. This would mean that the marketer would have to adhere to the guidelines of the program, which would likely include obtaining verifiable parental consent before collecting personal information from children, providing clear and prominent privacy notices on its website and emails, honoring parents’ choices and requests regarding their children’s data, and ensuring the security and confidentiality of the data collected. The marketer would also benefit from the oversight and assistance of the program in ensuring compliance and resolving any complaints or disputes.3

Reference: 1: Complying with COPPA: Frequently Asked Questions4, Section A2: COPPA Safe Harbor Program3: IAPP CIPP/US Certified Information Privacy Professional Study Guide, page 143.