View Information Collection Request (ICR) Package
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
3084-0117
ICR Reference No:
202401-3084-001
Status:
Historical Inactive
Previous ICR Reference No:
202112-3084-002
Agency/Subagency:
FTC
Agency Tracking No:
Title:
The Children's Online Privacy Protection Rule
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Comment filed on proposed rule and continue
Conclusion Date:
01/19/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
01/11/2024
Terms of Clearance:
OMB files this comment in accordance with 5 CFR 1320.11(c). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. Resubmit when proposed rule is finalized.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
04/30/2025
36 Months From Approved
04/30/2025
Responses
288
0
288
Time Burden (Hours)
17,600
0
17,600
Cost Burden (Dollars)
0
0
0
Abstract:
The COPPA Rule, 16 CFR Part 312, implements the Children's Online Privacy Protection Act (COPPA Act), which prohibits unfair and deceptive acts and practices in collecting and using personally identifiable information from and about children via the Internet. The COPPA Rule implements this mandate by requiring commercial websites to provide notice and obtain parental consent before collecting, using, or disclosing personal information from children under age thirteen, with limited exceptions. The Federal Trade Commission (“FTC” or “Commission”) now proposes amendments to the COPPA Rule that would increase disclosure obligations for covered operators of websites and online services and FTC-approved COPPA Safe Harbor programs. Also, FTC-approved COPPA Safe Harbor programs would face additional reporting obligations under the proposed Rule. Commission staff does not believe that the proposed Rule would increase operators’ recordkeeping obligations. Finally, the Commission is also seeking public comment on whether proposed changes to the Rule’s definition of “website or online service directed to children” could increase the number of operators subject to the Rule’s requirements. The Commission requests approval for the proposed information collections associated with the Notice of Proposed Rulemaking (“NPRM”).
Authorizing Statute(s):
US Code:
15 USC 6501 et seq.
Name of Law: Children's Online Privacy Protection Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3084-AB58
Proposed rulemaking
89 FR 2034
01/11/2024
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
8
IC Title
Form No.
Form Name
Annual audit and report for existing and one new safe harbor(s)
NPRM-Existing Operators' Disclosure Burden
NPRM-New Operators' Disclosure Burden
NPRM-Safe Harbor Disclosure Burden
NPRM-Safe Harbor Reporting 1
NPRM-Safe Harbor Reporting 2
New entrant web operators' disclosure burden
Reporting requirements for a safe harbor applicant
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Changing Regulations
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
This would be a program change, not an adjustment. The estimated additional annual hours of burden would be 134,278, and the estimated additional annual labor costs would be $46,069,355. The Commission is proposing a number of changes to the Rule to help ensure the Rule remains relevant to changing technology and business practices. The proposed disclosure and reporting requirements would promote transparency, enhance parents’ ability to make informed decisions about whether to consent to the collection of their children’s personal information, enhance schools’ ability to make informed decisions about whether to authorize the collection of children's personal information where such collection is for the use and benefit of the school, and strengthen oversight over operators and Safe Harbors’ practices.
Annual Cost to Federal Government:
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
James Trilling 202 326-3497 jtrilling@ftc.gov; commercialsurveillancerm@ftc.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
01/11/2024
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