On all web sites except those which have an absolute requirement for age as
a part of some form of product or service delivery or entitlement, the UK
DPA would view collection of age as excessive data.
On our own site we state very simply:
"Marketing to Children
Marketing Improvement does not knowingly collect data from nor market to
children anywhere."
And we have no reason to collect age, so do not.
Even were we to mount a "Happy birthday" style of greeting we would have no
need to know the year of birth, just the month and day.
Your advice is sound, Charles
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Charles Prescott
Sent: Monday, November 29, 2004 8:58 PM
To: [log in to unmask]
Subject: Re: [data-protection] COPPA jurisdiction
Not your imagination. FTC believes that it has jurisdiction over sites
available to American citizens--just as the Europeans do. Thus, if a site
collects information from an American "child" without parent's permission,
it violates COPPA. Enforcing is another problem. However, unlike what I
view as a concensus developinghere, a site that collects infomation from a
child who is not an American, does not violate COPPA.
The FTC says that the web site may believe what the web visitor states (age
and where from), but it applies to all child focus web sites regardless what
the child says his/her age is. The key here is to not ask the age, and it
saves you on all sites except those directed to children. A "child" is one
under 13, by the way.
Charles A. Prescott
Vice President, International Business
Development & Government Affairs
Direct Marketing Association
1120 Avenue of the Americas
New York, NY 10036
U.S.A.
Tel. +1-212-790-1552
Fax. +1-212-790-1499
e-mail: [log in to unmask]
>>> Duncan Smith <[log in to unmask]> 11/29/04 11:58AM >>>
Is it my imagination, or do I recall correctly that the FTC does not
recognise international boundaries when it comes to the application of the
Children's Online Privacy Protection Act (COPPA)?
In effect, the US COPPA legislation is applicable (enforceable?) upon any
website owner/operator, wherever established in the world.
An whilst on the subject - what relevant guidance do we have in the UK re
age-consent and personal data.
Regards,
Duncan Smith
Director
iCompli Limited Northampton UK
t: 08707 70 48 66 f: 08707 70 48 69 m: 07775 56 81 80
Mailto:[log in to unmask] Web: www.icompli.co.uk
<http://www.icompli.co.uk/> Ecademy: See me!
<http://www.ecademy.com/account.php?id=34586>
"Compliance in your language"
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