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Join us for this episode of Priv, where our host Dona Fraser, Senior Vice President of Privacy Initiatives at BBB National Programs, is joined by Phyllis Marcus of Hunton Andrews Kurth to discuss the broad operational, financial, and logistical impacts and challenges of trying to protect both children and teens online under the same laws and regulations. 

Marcus and Fraser explain the current regulatory landscape and unpack the evolution of children’s privacy laws, including COPPA. They discuss the increasing number of legislative proposals at both the state and federal level and explore challenges businesses face today related to verifiable parental consent, examine proposed technological solutions like biometrics, and discuss the responsibility of third-party operators. 

The conversation includes a look at age-appropriate design codes and the shifting responsibility from parents to the entire ecosystem, as well as, third-party liability and the role platforms play in protecting children’s privacy. The conversation concludes with a discussion on the potential future of children’s privacy laws.

Additional Resources:

• • WEBINAR: Getting Age Assurance Right 
  • Priv Podcast: The COPPA Rule Proposed Changes, the Impact, & the Magic 8 Ball | Privacy Abbreviated
  • TeenAge Privacy Program Roadmap

• WEBINAR: What’s Next in Children’s Privacy: An Update on the FTC’s Proposed Changes to the COPPA Rule

• https://www.huntonak.com/privacy-and-information-security-law/ 

Key Takeaways:

• (02:41) Children’s Privacy Landscape – Children’s privacy laws, such as COPPA, have evolved over time to address the challenges posed by new technologies and online platforms.
• (06:30) Shifting Responsibility – The responsibility for protecting children’s privacy is shifting from parents to the entire ecosystem, including platforms and service providers.
• (13:17) Verifiable Parental Consent – Verifiable parental consent is a key consideration for companies that collect personal information from children, and there are various mechanisms available to obtain consent.
• (20:30) Third-Party Liability – Third-party liability is an important aspect of children’s privacy laws, holding not just first-party operators but also third parties accountable for compliance.
• (32:23) Holding Platforms Accountable – The role of platforms in protecting children’s privacy is still evolving, with discussions around consent management and the sharing of age information.
• (39:39) A Look to the Future – The future of children’s privacy laws is uncertain, with potential updates to COPPA and ongoing debates about the role of federal and state legislation.