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Highlights of the Children's Online Privacy Protection Act of 1998

Section 1303: Regulation of unfair and deceptive acts and practices in connection with the collection and use of personal information from and about children on the Internet.
  • In general, it is unlawful for an operator of a Web site or online service directed to children, or any operator that has actual knowledge that it is collecting personal information from a child, to collect personal information from a child in a manner that violates the regulations prescribed under subsection (b)
  • Subsection b:
    • These regulations require the operator of any Web site or online service directed to children that collects personal information from children or the operator of a Web site or online service that has actual knowledge that it is collecting personal information from a child
      1. to provide notice on the Web site of what information is collected from children by the operator, how the operator uses such information, and the operator's disclosure practices for such information; and
      2. to obtain verifiable parental consent for the collection, use, or disclosure of personal information from children.
    • Require the operator to provide, upon request of a parent under this subparagraph whose child has provided personal information to that Web site or online service, upon proper identification of that parent, to such parent
      1. a description of the specific types of personal information collected from the child by that operator
      2. the opportunity at any time to refuse to permit the operator's further use or maintenance in retrievable form, or future online collection, of personal information from that child; and
      3. notwithstanding any other provision of law, a means that is reasonable under the circumstances for the parent to obtain any personal information collected from that child;
    • prohibit conditioning a child's participation in a game, the offering of a prize, or another activity on the child disclosing more personal information than is reasonably necessary to participate in such activity; and
    • require the operator of such a Web site or online service to establish and maintain reasonable procedures to protect the confidentiality, security, and integrity of personal information collected from children.

Definitions

  • A child means an individual under the age of 13.
  • Personal information means individually identifiable information about an individual collected online, including
    1. a first and last name
    2. a home or other physical address including street name and name of a city or town
    3. an e-mail address
    4. a telephone number
    5. a Social Security number
    6. any other identifier that the Commission determines permits the physical or online contacting of a specific individual, or
    7. information concerning the child or the parents of that child that the Web site collects online from the child and combines with an identifier described in this paragraph