Research Paper

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Group 4 – Residency Research Paper - COPPA

Legal Regulations, Compliance and Investigation

Submitted by

Ajinkya Gabhe

Venkata Sateesh Babu Gowra

Maulik Patel

Nirav Patel

Menuka Thapa Magar

Dr. Jason Hutcheson

Protection of Children’s Privacy while Online

Privacy gives humans the power to protect critical information that otherwise would hurt if shared. Sometimes, humans have information that must not fall into the hands of unauthorized persons. Therefore, enhancing privacy helps one remain safe. With the advent of technology, children have learned to navigate the internet even in better ways, not known to parents (Haber, 2020). Therefore, this advancement has led to the rise of important concerns about the children's privacy while they are online. This comes because they can be tricked to provide private information that can be used against them. As privacy is important for every human being, there has been a law aimed at protecting children's privacy while using the internet. The Children's Online Privacy Protection Rule ("COPPA") protects children's privacy differently, including controlling information that organizations collect about them while using the internet.

Literature Review

Because the concern has affected many children regardless of the environment they reside in, several works have been published to ensure that the issue is taken close to resolution. One organization that attaches great value to enhancing children's privacy is the United Nations. The organization has done research leading to the development of a document explaining children's privacy, particularly online. Much of child privacy concerns have been raised because most do not know the importance of maintaining privacy. It is important to note that COPPA help protects children below the age of 13. Because children lack awareness and the capacity to predict what happens if they share their information online, they are more vulnerable to attacks (The United Nations Children's Fund [UNICEF], 2017). Notably, different organizations can use children's information to enhance their marketing strategies. For example, organizations dealing with toy manufacture can trick a child into providing information about the kind of toys he/she likes then use the same to develop toys targeting the child.

Enhancing a child's privacy online has a positive effect on how other children's rights are exercised. There must be a well-planned strategy granted on how privacy initiatives can assist guarantee the complete exercise of such rights (The United Nations Children's Fund [UNICEF], 2017). Additionally, the Memorandum on protecting personal data and privacy while children and adolescents use the internet social network is seen as the most important landmark. It contains recommendations that can be used to enhance protection for children online. The Memorandum advises that the processing of children's personal information should be banned (The United Nations Children's Fund [UNICEF], 2017). Also, it suggests that parents should be granted control over their children's information. All these strategies ensure that children utilizing the internet are not exploited and forced to share personal information which in turn is used in furtherance of individual goals that can even hurt the child.

Analysis and Application of the Children's Online Privacy Protection Rule ("COPPA")

As an Information Technology professional, more particularly working for a commercial or online service organization, one must understand that COPPA rules apply to the organization's operations. COPPA law applies only to commercial and online services; its application does not extend to non-profit organizations (The Federal Trade Commission [FTC], 2020). Notably, sometimes, commercial organizations can choose to collect child's information without considering their privacy on their websites and online services. Online services, in this case, refers to services accessed via the internet. Some of online services include those that gives users an opportunity to play games with network connection, get involved in social network activities, buy goods or services through the internet, and receive online advertisements. Therefore, the law's development came due to the need to secure children's privacy from being used for private goals. Therefore, as an Information Technology professional working for a company subjected to COPPA regulation, one must be keen not to violate the rule as it comes with serious consequences.

The rule is enforced by the Federal Trade Commission (FTC) and federal government agencies. Parents, groups of consumers, industry members, and others that think that a certain organization or party violated the COPPA rule can make their reports to the FTC online or call FTC's toll number (877) FTC-HELP (The Federal Trade Commission [FTC], 2020). Therefore, working for an organization subjected to the above rule, Information Technology experts must be keen because, most of the time, they are the ones concerned with the collection of information. If they fail to abide by COPPA rule, they will be putting their career as well as their organization at risk. Furthermore, such experts and organizations must understand the penalties for violating the COPPA Rule.

For a single violation of the rule, the court can charge the operator up to $43,280. The amount of civil penalties that FTC or court analyses to inform their decisions depends on different factors (The Federal Trade Commission [FTC], 2020). These include the egregiousness of the mistake, whether the operator has previously violated the rule, the number of minors involved, the amount and type of data collected by the operator, the company's size, and whether the information was shared with other parties. Violation of the rule, therefore, attracts different penalties.

Privacy is essential for a healthy life. All humans, regardless of their ages, must have their privacy protected. Privacy allows one to remain safe as personal information such as names and addresses are not left open for unauthorized use, which can attract unwanted guests. Older adults can protect their privacy well; however, for children under the age of 13, their privacy is among the most pressing concerns. Commercial organizations can collect personal information to be used for their benefit. For example, such organizations can use information collected for advertisement purposes.

References

The Federal Trade Commission [FTC]. (2020, July 22). Complying with COPPA: Frequently asked questions. Retrieved from https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions-0

The United Nations Children's Fund [UNICEF]. (2017). Child Privacy in the Age of Web 2.0 and 3.0: Challenges and opportunities for policy. Retrieved from https://www.unicef-irc.org/publications/pdf/Child_privacy_challenges_opportunities.pdf

Haber, E. (2020). The Internet of Children: Protecting Children's Privacy in a Hyper-Connected World. U. Ill. L. Rev., 1209.