20Mar/14Off
FTC Seeks Public Comment on iKeepSafe’s Proposed Safe Harbor Program Under the Children’s Online Privacy Protection Rule
Internet Keep Safe Coalition (iKeep Safe) has submitted a proposed safe harbor program to the Federal Trade Commission under the the agency’s Children’s Online Privacy Protection Rule. Under 16 C.F.R. 312.11, COPPA safe harbor applications must contain:
- A detailed explanation of the applicant’s business model and technological capabilities and mechanisms it will use to assess member operator’s information collection practices;
- A copy of the full text of the safe harbor program’s guidelines and any accompanying commentary;
- A comparison of each program guideline with each corresponding Rule provision and a statement of how each guideline meets the Rule’s requirements; and
- A statement of how the assessment mechanisms and disciplinary consequences provide effective COPPA enforcement.
The amended Rule sets forth the key criteria the FTC will consider in reviewing a safe harbor application:
- Whether the applicant’s program includes guidelines that provide substantially the same or greater protection than the standards set forth in the COPPA Rule;
- Whether the program includes an effective, mandatory mechanism to independently assess member operators’ compliance with the program’s guidelines, which at a minimum must include a comprehensive annual review by the safe harbor program of each member operator;
- Whether the program includes effective disciplinary actions for member operators who do not comply with the safe harbor program guidelines.
Last month, the FTC approved the kidSAFE Seal Program’s kidSAFE+ seal as a safe harbor program.
For a copy of the iKeep Safe application, click here.
