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A court can hold operators who violate the Rule liable for civil penalties of up to ,654 per violation.
The amount of civil penalties a court assesses may turn on a number of factors, including the egregiousness of the violations, whether the operator has previously violated the Rule, the number of children involved, the amount and type of personal information collected, how the information was used, whether it was shared with third parties, and the size of the company. In addition, certain federal agencies, such as the Office of the Comptroller of the Currency and the Department of Transportation, are responsible for handling COPPA compliance for the specific industries they regulate.
The amended Rule defines personal information to include: The amended Rule, which goes into effect on July 1, 2013, added four new categories of information to the definition of personal information.
In some circumstances, this may mean that children are able to register on a site or service in violation of the operator’s Terms of Service.
If, however, the operator later determines that a particular user is a child under age 13, COPPA’s notice and parental consent requirements will be triggered.
The following FAQs are intended to supplement the compliance materials available on the FTC website. COPPA required the Federal Trade Commission to issue and enforce regulations concerning children’s online privacy.
In addition, you may send questions or comments to the FTC staff’s COPPA mailbox, Coppa Hot [email protected] The Commission’s original COPPA Rule became effective on April 21, 2000.