FTC
Approves Modifications to Video Game Industry Self-Regulatory COPPA Safe Harbor
Program
FTC
August 14, 2018
Republication
Children’s Online Privacy: COPPA: Privacy:
Data: FTC:
The Federal Trade Commission approved
changes to a video game industry self-regulatory program aimed
at ensuring compliance with the Children’s
Online Privacy Protection Act (COPPA) Rule.
The Entertainment Software Ratings
Board (ESRB) applied for approval of proposed modifications to its COPPA safe
harbor program. The FTC’s COPPA Rule requires, among other things, that
operators of commercial websites and online services directed to children under
the age of 13, or general audience websites and online services that knowingly
collect personal information from children under 13, must obtain parental
consent before collecting, using, or disclosing any personal information from
children under the age of 13. The FTC’s COPPA Rule includes a “safe harbor” provision
that allows industry groups and others to ask the Commission to approve
self-regulatory guidelines that implement the protections of the Rule.
Companies that comply with an FTC-approved safe harbor program are exempt from
agency enforcement action under the Rule.
Earlier this year, the FTC sought
comment on ESRB’s proposed changes to its COPPA safe harbor
guidelines. For example, ESRB proposed changes to its definition of
“personal information and data” in light of recently issued Commission guidance
about collection of audio recordings.
The FTC received five comments from
individuals and consumer advocates. For example, the Campaign for a Commercial-Free
Childhood and the Center for Digital Democracy jointly recommended changes to
ESRB’s proposal. Among their recommendations was that ESRB retain language from
the existing program that defines street-level geolocation information as
personal information and data, and include language that would make it a
requirement – instead of a suggestion – to limit collection of “personal
information and data.” Another commenter, the Electronic Privacy Information
Center, called for other changes, including asking that the Commission reject a
proposed change that would narrow ESRB’s definition of “child/children” to only
U.S. residents. The revised guidelines approved by the Commission include a
number of changes to address issues identified by commenters.
The Commission vote to approve the
changes to ESRB’s COPPA safe harbor program was 5-0.
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