Democratic Lawmakers Urge FTC to Hold Companies Accountable to their Children’s Privacy Notices

On October 8, 2021, Senator Ed Markey (D-Mass) and Representatives Kathy Castor (D-Fla) and Lori Trahan (D-Mass) penned a letter to Chair of the Federal Commerce Fee Lina Khan, urging the company to be sure that corporations uphold the commitments made in their kids’s privateness notices and “hold them accountable if they fail to do so.” Within the letter, the lawmakers famous that many expertise corporations have lately introduced updates to their respective platforms’ insurance policies which might be supposed to improve kids and teenage protections in compliance with the UK’s Age Appropriate Design Code (“AADC”), which took impact on September 2, 2021.

The AADC units out 15 requirements that on-line providers want to meet so as to defend kids and youths on-line, together with necessities to (1) think about the most effective pursuits of youngsters, (2) chorus from utilizing kids’s private information in methods which might be detrimental to their wellbeing, and (3) be sure that settings are “high privacy” by default. The lawmakers highlighted similarities between the AADC requirements and up to date legislative proposals within the U.S. to replace the Children’s On-line Privacy Safety Act (“COPPA”), and famous that the modifications instituted by the tech corporations are “an important step towards making the internet safer for young users.”

The FTC has authority pursuant to Part 5 of the FTC Act to examine and produce enforcement actions relating to misrepresentations in most organizations’ privateness notices. Part 5 of the FTC Act prohibits corporations from partaking in “unfair or deceptive acts or practices in or affecting interstate commerce.” Misleading practices embody these during which a illustration, omission, or apply is probably going to mislead the patron. The lawmakers said that the FTC “thus has a statutory obligation” to guarantee corporations are complying with their public statements and insurance policies on kids’s and teenage’s privateness, and inspired the company to “use every tool at [its] disposal to vigilantly scrutinize companies’ data practices and ensure that they abide by their public commitments.”


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