House Introduces Bipartisan “Do Not Track” Kids
Online Privacy Legislation
May 13, 2011 | Representative Edward J. Markey
(D-Mass.) and Representative Joe Barton (R-Texas), co-chairs of the
Bi-Partisan Congressional Privacy Caucus, introduced today a bill that
would amend the historic Children’s Online Privacy Protection Act
of 1998 (COPPA) to provide new protections for children and teens.
The “Do Not Track Kids Act of 2011” (H.R. 1895)
would “extend, enhance and update” COPPA provisions relating
to the collection, use and disclosure of children’s personal
information and establish new protections for personal information of
children and teens.
Currently, COPPA covers children age 12 and younger and requires
operators of commercial websites and online services directed to
children 12 and younger to abide by various privacy safeguards as they
collect, use, or disclose personal information about kids.
In a statement issued by the co-chairs, the following provisions of
the Act were identified:
- Requiring online companies to explain the types of personal
information collected, how that information is used and disclosed, and
the policies for collection of personal information;
- Requiring online companies to obtain parental consent for collection
of children’s personal information;
- Prohibiting online companies from using personal information of
children and teens for targeted marketing purposes;
- Establishing a “Digital Marketing Bill of Rights for
Teens” that limits the collection of personal information of
teens, including geolocation information of children and teens;
- Creating an “Eraser Button” for parents and children by
requiring companies to permit users to eliminate publicly available
personal information content when technologically feasible.
Following its review of a discussion draft of the bill earlier this
week, the Direct Marketing Association (DMA) said the proposed text
would create “enormous obstacles to commercial speech to
teenagers” and require “costly verifiable consent before a
teenager could sign up for information.”
The DMA also stated that a government-mandated “Do Not
Track” mechanism for kids is unnecessary, as this kind of
protection for children is already effectively provided through
the Self-Regulatory Program for Online Behavioral
Advertising launched by the DMA and four other leading trade
associations. According to DMA, this self-regulation includes a
principle that specifically addresses children, prohibiting entities
from collecting personal information from children when such entities
have actual knowledge that the children are under 13 or from sites
directed to children under 13 for online behavioral advertising
purposes. Additionally, the principle provides that entities may
not engage in online behavioral advertising directed to children when
the entities have actual knowledge that a child is under 13.
The DMA also stated its belief that any legislation making changes to
COPPA is premature in light of the FTC’s on-going review of the
COPPA Rule. The DMA has encouraged the FTC in its review and
expressed a commitment to exploring with the Commission ways to provide
even more innovative online experiences, content and protections for
children in the United States.The US Senate Commerce Committee is
expected to hold a hearing on this issue in the near future.
TIA is a member of the DMA’s “Kids Privacy
Coalition” and will continue to monitor this issue and keep
members apprised as new information becomes available.
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