On July 25, 2019, the Federal Trade Commission (FTC or Commission) requested public comment on its Children’s Online Privacy Protection Rule (COPPA Rule or the Rule). 84 FR 35842. Although the Commission’s last COPPA Rule review ended in 2013, the Commission is conducting its ten-year review early because of changes in the marketplace. In addition to standard questions about the effectiveness of the COPPA Rule, the FTC is seeking comment on all major provisions of the COPPA Rule, including its definitions, notice and parental consent requirements, exceptions to verifiable parental consent, and safe harbor provision.  The Commission also plans to hold a public workshop to review the COPPA Rule on October 7, 2019. The public comment period will close on October 23, 2019.

As required by COPPA (1998), the Commission issued the COPPA Rule that prohibits 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, requires operators of commercial websites and online services, 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. The Commission amended the Rule in 2013 to, among other things, expand the definition of personal information covered by the Rule and to include in the definition of website and online services directed to children operators of online services with actual knowledge they are collecting personal information directly from users of other websites or online services directed to children.