Democratic Senators Sent FTC Chair Request Updates to COPPA
On September 29, 2022, Senator Edward J. Markey (D-MA), Senator Richard Blumenthal (D-CT), Senator Kathy Castor (D-FL), and Senator Lori Trahan (D-MA) (collectively, the “Senators”) sent Federal Trade Commission (“FTC” or “Commission”) Chair Lina Khan a letter[1] requesting that the Commission update its regulations under the Children’s Online Privacy Protection Act (“COPPA”).
The Senators believe that “[t]hreats to young people online have reached a crisis point.” They acknowledged the FTC’s efforts to “crack down on harmful commercial surveillance and lax data security,” and encouraged the FTC to continue these efforts by “fullfill[ing] their obligation” by implementing the following updates:
expanding the definition of ‘personal information’ covered under COPPA;
implementing rules to effectuate COPPA’s prohibition on conditioning a child’s participation in an online activity on the child sharing more data than is reasonably necessary;
implementing rules to effectuate COPPA’s requirement that platforms protect the confidentiality, security, and integrity of children’s data;
ensuring that COPPA’s requirements protect children on the platforms they actually use by updating COPPA’s regulations defining platforms that are directed to children and updating regulations defining platforms that have actual knowledge they are collecting data from children;
implementing regulatory protections that reflect the increased use of online platforms for educational purposes; and
implementing regulatory protections that reflect changes in online advertising practices.
[1] https://www.markey.senate.gov/imo/media/doc/lawmakers_letter_to_ftc_on_youth_online_privacy.pdf