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Reasonable Expectation Legal Blog Focusing On Privacy and Data Security Issues

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.  

 

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