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A court can hold operators who violate the Rule liable for civil penalties of up to $40,654 per violation.The amount of civil penalties a court assesses may turn on a number of factors, including the egregiousness of the violations, whether the operator has previously violated the Rule, the number of children involved, the amount and type of personal information collected, how the information was used, whether it was shared with third parties, and the size of the company. In addition, certain federal agencies, such as the Office of the Comptroller of the Currency and the Department of Transportation, are responsible for handling COPPA compliance for the specific industries they regulate.
These materials can provide you with helpful guidance. The amended Rule states that the “operator must post a prominent and clearly labeled link to an online notice of its information practices with regard to children on the home or landing page or screen of its Web site or online service, at each area of the Web site or online service where personal information is collected from children.” 16 C. However, there is a substantial benefit in providing greater transparency about the data practices and interactive features of child-directed apps at the point of purchase and we encourage it as a best practice. The Rule requires operators to make reasonable efforts, taking into account available technology, to ensure that a parent of a child receives direct notice of the operator’s practices with regard to the collection, use, or disclosure of personal information from children, including notice of any material changes to practices to which the parent previously consented.
The first thing you should do is read the FTC’s Children’s Privacy guidance materials.
If, after reviewing the FTC’s online materials, you continue to have specific COPPA questions, please send an email to our COPPA hotline at Coppa Hot [email protected] You also may call our toll free telephone number, (877) FTC-HELP, to submit your complaint to a live operator.
The Children’s Privacy section includes a variety of materials regarding COPPA, including all proposed and final Rules, public comments received by the Commission in the course of its rulemakings, guides for businesses, parents, and teachers, information about the Commission-approved COPPA safe harbor programs, and FTC cases brought to enforce COPPA.
Many of the educational materials on the FTC website also are available in hard copy free of charge at ftc.gov/bulkorder.
The amended Rule defines personal information to include: The amended Rule, which goes into effect on July 1, 2013, added four new categories of information to the definition of personal information.