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FPF releases policy summary comparing federal child privacy bills

June 10, 2022

On Wednesday, July 27, 2022, the Senate Commerce, Science, and Transportation Committee held a markup of the two bills featured in this resource: the Kids Online Safety Act and the Children and Youth Online Privacy Protection Act (COPPA 2.0) . The committee advanced both bills as follows: Important fixes. Both bills garnered bipartisan support, with the Kids Online Safety Act receiving a unanimous roll call vote and COPPA 2.0 passing a voice vote with limited opposition. THis brief was last updated in September 2022 to reflect changes in the two bills.

As children’s privacy remains a top priority and an area of ​​concern among legislators, businesses and the public, the Future of Privacy Forum (FPF) today announced that: New policy overview to compare A child-centered privacy bill introduced in the 117th Congress. This resource compares the four proposed bills against each other with respect to key elements such as protected age groups, enforcement mechanisms, targeted actors, notification requirements, verifiable consent, and restrictions on the use of personal information. (with additional comparisons with current law). ) etc.

Click here to download the policy summary.

“Children’s privacy continues to receive significant attention from policymakers, businesses, regulators, and families. In recent months, the FTC, state legislatures, federal policymakers, and even the President of the United States have “We’ve seen an interest in privacy rights and stronger online protections for children.” Lauren Merk, FPF Youth and Education Privacy Policy Advisor. “The four bills outlined in this resource could impact the child privacy landscape in the United States, either by directly changing the law or by influencing future legislation at the federal or state level. As a case in point, the recently released draft of the U.S. Data Privacy and Protection Act includes provisions that mirror some of the child-specific privacy legislation.”

Four child privacy bills introduced in the 117th Congress: Act to protect information of vulnerable children and young people (“Children’s Privacy Act”); Children and Youth Online Privacy Protection Act (“COPPA 2.0”), Kids Internet Design and Safety Methods (“Children’s Act”) and Kids online safety law. Two of the bills, COPPA 2.0 and the Kids Online Safety Act, have bipartisan support, but the KIDS Act is the only bill of the four to be introduced in both chambers this Congress.

Although all four bills ultimately propose expanding online privacy rights for children, they differ in important ways, including the age range for minor users, enforcement measures, and verifiable consent requirements. Two comparative tables in the Preparatory Paper highlight these and other elements to illustrate the different approaches taken by the Bill. Table 1 compares two bills that seek to directly amend and update the already enacted Children’s Online Privacy Protection Act (COPPA).coppa 2.0 and kids privacy law-Share each other and the current COPPA language for reference. Table 2 considers its key elements. kids act and Kids online safety lawoperates independently of COPPA.

view Table 1: Federal child privacy bills that aim to directly amend COPPA and Table 2: Federal child privacy legislation independent of COPPA in Policy overview.

“Nearly everyone agrees that protecting children’s privacy is important, but as with many issues, the proverbial devil is in the details, and each of these bills is different. We’re dealing with it in a way.” Miles Light, FPF Youth and Education Privacy Policy Advisor. “For example, most nonprofit organizations will continue to be exempt from COPPA under the following conditions: coppa 2.0However, the following are considered covered entities: kids privacy law And you will have to obey. All four bills propose creating privacy protections for minors between the ages of 13 and 17 who are not currently covered by COPPA; or under 18 years of age. ”

“As the debate over child privacy continues, we hope this comparison will serve as a useful resource for policymakers, staff, advocates, and the many others who are closely following this issue and the various proposals. ” add lights.

To access the Policy overview For all of FPF’s child and student privacy resources, please visit: www.StudentPrivacyCompass.org.

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