Out-Law News 1 min. read

FTC Testifies on Children's Online Privacy Protection Act


Jodie Bernstein, Director of the US Federal Trade Commission's Bureau of Consumer Protection, presented Federal Trade Commission (FTC) testimony on Thursday last week before the Subcommittee on Courts and Intellectual Property of the House Judiciary Committee on the Commission's activities to date in the area of on-line privacy, particularly with respect to its role in implementing and enforcing the Children's Online Privacy Protection Act (COPPA).

According to Bernstein, the Commission's work to protect children's on-line privacy is one of several ongoing efforts to help promote privacy protections for all on-line consumers in the US.

Bernstein outlined the FTC's role since 1995 at the "forefront of the public debate on on-line privacy." She discussed Commission activities, including holding public workshops, examining web site information practices and disclosures regarding the collection, use, and transfer of personal information, and encouraging self-regulatory efforts and technological developments intended to enhance consumer privacy protections.

US Congress enacted COPPA to protect children from efforts of on-line marketers to collect personally identifying information from young consumers without parental involvement. The legislation required the FTC to issue rules implementing its requirements within one year of its enactment. The Commission issued the final Rule in October 1999, which became effective last month.

The Commission's testimony stated that enforcement will play an important role in ensuring compliance with the law. "We have been impressed by the substantial commitment the online industry has made to the implementation of the statute and the fair information practices principles that underlay it. Nonetheless we believe that along with education, enforcement will play a critical role in the Act's success."

The Commission expects to receive referrals from various groups to identify rule violations. In addition, Bernstein said the Commission will "hold surf days in which FTC staff work together with other enforcement agencies to identify sites that are not in compliance with the law."

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