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Legal Assistance for Small and Mid-sized Software Companies, Web Site Developers and Technology Dependent Companies

JULY 2003
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How to Protect Kids' Privacy Online

by William S. Wyler

Whether playing, shopping, studying or just surfing, today's kids are taking advantage of all that the web has to offer. But when it comes to their personal information online, who's in charge? In an effort to put parents in the catbird seat, the Federal Trade Commission has established new rules for website operators to make sure that kids' privacy is protected while they're online. These rules are part of the 1998 Children's Online Privacy Protection Act. Here's a look at what the law requires, starting April 21, 2000.

Website operators must post their privacy policy.

Websites aimed at children or which may collect information from kids under 13 must post a notice of their information collection practices that includes:

  • types of personal information they collect from kids.
  • how the site will use the information.
  • whether personal information is forwarded to advertisers or other third parties.
  • a way for parents to contact the site.

A Site Must Get parental consent before collecting, using or disclosing personal information about a child. However, consent is not required to obtain an email address to:

  • respond to a one-time request from the child.
  • provide notice to the parent.
  • ensure the safety of the child or the site.
  • send a newsletter or information on a regular basis so long as the site notifies a parent and allows them to end the arrangement.

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