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FTC

RIN: 3084-AB20

Publication ID: 2012

Title: Children's Online Privacy Protection Rule
Abstract: As part of the systematic review of all Commission rules, on April 5, 2010, the Commission initiated its periodic review of COPPA by publishing a notice seeking public comments on the effectiveness and impact of the Rule. 75 FR 17089. The Commission is accelerating this review due to changes in the online environment over the prior 5-year period, including but not limited to children's increasing use of mobile technology to access the Internet. The Commission sought comments on, among other things, the economic impact and benefits of this rule; possible conflict between the rule and State, local, or other Federal laws or regulations; and the effect on the rule of any technological, economic, or other industry changes. The comment period closed on July 12, 2010. As required by the Children's Online Privacy Protection Act (COPPA) (1998), the Commission issued rules that prohibit unfair and deceptive acts and practices in connection with the collection and use of personal information from and about children under the age of 13 on the Internet. The rules, effective April 21, 2000, and most recently amended in 2006, require commercial web sites, and online service providers (operators), with certain exceptions, to obtain verifiable parental consent before collecting, using, or disclosing personal information from or about children. An operator must make reasonable efforts, in light of available technology, to ensure that the person providing consent is the child's parent. On September 15, 2011, the Commission announced it was proposing modifications to the Rule in five areas to respond to changes in online technology, including in the mobile marketplace, and, where appropriate, to streamline the Rule: definitions, including the definitions of "personal information" and "collection," parental notice, parental consent mechanisms, confidentiality and security of children's personal information, and the role of self-regulatory "safe harbor" programs. In addition, the Commission also proposed adding a new provision addressing data retention and deletion. The comment period closed on December 23, 2011. The Commission received 350 comments. In response to those comments and informed by its experience in enforcing and administrating the Rule, the FTC issued a Supplemental NPRM to propose modifications to certain definitions to clarify the scope of the Rule and strengthen its protections for the online collection, use, or disclosure of children's personal information. 77 FR 46643 (Aug. 6, 2012). The comment period as extended closed on September 24, 2012. Staff anticipates that the Commission will issue a final rule by the end of 2012.
Agency: Federal Trade Commission(FTC)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 16 CFR 312
Legal Authority: 15 USC 6501 et seq 15 USC 41 to 58

Legal Deadline: None

Timetable:

Action	Date	FR Cite
ANPRM	04/05/2010	75 FR 17089
ANPRM Extended Comment Period Closed	07/12/2010
NPRM	09/27/2011	76 FR 59804
NPRM Comment Period Ended	12/23/2011
Supplemental NPRM	08/08/2012	77 FR 46643
Supplemental NPRM Comment Period Closed	09/24/2012
Commission Action	12/00/2012

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: Businesses, Organizations	Federalism: No
Included in the Regulatory Plan: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No
Related RINs: Related to 3084-AB00
Agency Contact: Phyllis Marcus Attorney Federal Trade Commission 600 Pennsylvania Avenue NW, Washington, DC 20580 Phone:202 326-2854 Email: pmarcus@ftc.gov