16 C.F.R. § 312.3

Regulation of unfair or deceptive acts or practices in connection with the collection, use, and/or disclosure of personal information from and about children on the internet

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It shall be unlawful for any operator of a website or online service directed to children, or any operator that has actual knowledge that it is collecting or maintaining personal information from a child, to collect personal information from a child in a manner that violates the regulations prescribed under this part. Generally, under this part, an operator must:

(a) Provide notice on the website or online service of what information it collects from children, how it uses such information, and its disclosure practices for such information (§ 312.4(b));

(b) Obtain verifiable parental consent prior to any collection, use, and/or disclosure of personal information from children (§ 312.5);

(c) Provide a reasonable means for a parent to review the personal information collected from a child and to refuse to permit its further use or maintenance (§ 312.6);

(d) Not condition a child's participation in a game, the offering of a prize, or another activity on the child disclosing more personal information than is reasonably necessary to participate in such activity (§ 312.7); and

(e) Establish and maintain reasonable procedures to protect the confidentiality, security, and integrity of personal information collected from children (§ 312.8).

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2016–2021 · leading case: Ctr. for Digit. Democracy v. Fed. Trade Comm'n, 189 F. Supp. 3d 151 (D.D.C. 2016).

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Ctr. for Digit. Democracy v. Fed. Trade Comm'n, 189 F. Supp. 3d 151 (D.D.C. 2016). · cites it 2× “” 16 C.F.R. § 312.3 . The COPPA Rule requires, among other things, that such websites and online services provide specific notice about the personal information they collect from children, how they use it, and their practices for disclosing it; obtain parental consent before…”

Balderas v. Tiny Lab Prods. (D.N.M. 2021). “” 16 C.F.R. §§ 312.3 (b), 312.4(a). The COPPA Rule makes clear that ad networks may be held liable for the collection of personal information from child app users only if they have “actual knowledge” that the apps in which their SDKs are embedded are “directed to children.”

Balderas v. Tiny Lab Prods. (D.N.M. 2020). “” 16 C.F.R. §§ 312.3 (b), 312.4(a). COPPA thus addresses the “collection of personal information” from child app users.”

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