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Reasonable Expectation Legal Blog Focusing On Privacy and Data Security Issues


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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