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J. PARENTAL USE OF KIDS’S INDIVIDUAL INFORMATION

J. PARENTAL USE OF KIDS’S INDIVIDUAL INFORMATION

1. Do i need to keep all information we have actually ever collected online from a young child just in case a moms and dad may choose to see it in the foreseeable future?

No. Because the Commission noted into the 1999 Statement of Basis and Purpose, “if a parent seeks to review their child’s information that is personal after the operator has deleted it, the operator may merely respond that it not any longer has any information concerning that child. ” See 64 Fed. Reg. 59888, 59904.

2. Let’s say, despite my many careful efforts, we erroneously hand out a child’s information that is personal an individual who isn’t that child’s moms and dad or guardian?

The Rule calls for you to definitely offer parents with a way of reviewing any information that is personal collect online from kids. Even though Rule provides that the operator must be sure that the requestor is just a moms and dad of this kid, it notes that in the event that you follow reasonable procedures in giving an answer to a ask for disclosure for this information that is personal, you’ll not be liable under any federal or state legislation in the event that you erroneously to push out a child’s information that is personal to an individual apart from the moms and dad. See 16 C.F.R. § 312.6(a)(3)(i) and (b).

K. DISCLOSURE OF INFORMATION TO THIRD PARTIES

1. If I would like to share children’s private information with something provider or an authorized, just how can I assess if the security measures that entity has in position are “reasonable” underneath the Rule?

<p>Before sharing information with such entities, you need to figure out what the providers’ or third events’ data practices are for keeping the privacy and safety associated with information and preventing unauthorized use of or utilization of the information. Your objectives to treat the info must be expressly addressed in virtually any agreements which you have actually with providers or parties that are third. In addition, you have to utilize reasonable means, such as for instance regular monitoring, to confirm that any providers or third parties with that you share children’s information that is personal the confidentiality and safety of the information.

2. We run an advertisement system. I discover 3 months following the effective date regarding the Rule that i have already been gathering information that is personal using a child-directed internet site. What exactly are my responsibilities regarding information that is personal I obtained following the Rule’s effective date, but before I realized that the information and knowledge ended up being gathered with a child-directed site?

Unless an exclusion applies, you need to offer notice and get verifiable parental permission if you: (1) continue steadily to collect new private information through the website, (2) re-collect private information you collected prior to, or (3) utilize or disclose information that is personal you understand to possess result from the child-directed site. With respect to (3), you have to get verifiable parental permission before using or disclosing previously-collected data just from a child-directed site if you have actual knowledge that you collected it. In comparison, if, for instance, you had converted the info about sites visited into interest categories ( ag e.g., sports enthusiast) no only lads longer have any indication about where the information initially originated in, it is possible to continue using those interest categories without delivering notice or acquiring verifiable parental permission. In addition, you can continue to use the identifier without providing notice or obtaining verifiable parental consent if you had collected a persistent identifier from a user on the child-directed website, but have not associated that identifier with the website.

According to the previously-collected information that is personal you understand originated in users of the child-directed site, you have to conform to moms and dads’ requests under 16 C.F.R. § 312.6, including needs to delete any private information gathered through the son or daughter, even though you will never be utilizing or disclosing it. Also, being a practice that is best you need to delete information that is personal you realize to possess originate from the child-directed web site.

L. REQUIREMENT TO LIMIT SUGGESTIONS COLLECTION

1. If we run a social network solution and a moms and dad revokes her permission to my keeping private information collected through the son or daughter, am I able to deny that child usage of my service?

Yes. In case a parent revokes consent and directs you to definitely delete the private information you had gathered through the son or daughter, you could terminate the child’s usage of your solution. See 16 C.F.R. § 312.6(c).

2. I am aware that the Rule claims We cannot concern a child’s involvement in a prize or game providing from the child’s disclosing extra information than is fairly required to take part in those activities. Performs this limitation connect with other activities that are online

Yes. The relevant Rule supply just isn’t limited by games or prize offerings, but includes “another activity. ” See 16 C.F.R. § 312.7. This means you have to carefully examine the data you wish to collect relating to every activity you offer in order to make certain you are merely gathering information that is fairly essential to take part in that task. This guidance is with in maintaining aided by the Commission’s general assistance with information minimization.

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