FTC Provides Additional Guidance on COPPA and Voice Recordings (October 23, 2017)

FTC Provides Additional Guidance on COPPA and Voice Recordings

On October 23, 2017, the Federal Trade Commission (“FTC”) released additional guidance regarding the Children’s Online Privacy Protection Act (“COPPA”) and its application to the collection of audio voice recordings from children. Under COPPA, organizations that operate commercial websites or online services must obtain parental consent before collecting personal information from children under the age of 13.

The FTC had updated the COPPA Rule in 2013 to include new types of data, specifically recognizing audio files that contain a child's voice as personal information. This update led to questions about the requirements for collecting voice recordings, particularly when such recordings are used solely for commands or requests, such as voice searches.

In its new policy enforcement statement, the FTC clarified that while operators must generally obtain verifiable parental consent before collecting audio recordings, they will not enforce this requirement if the audio is collected solely to replace written input for a specific function, provided it is retained only for a brief period. However, this leniency does not extend to situations where the voice input includes personal information, like a child's name.

Additionally, operators are still required to inform users about their data collection and use practices in their privacy policies, including how and when the audio files will be deleted. The guidance underscores that operators must not utilize the audio files for any other purpose before they are deleted, and this policy does not alter their overall compliance obligations under COPPA.

For more information, see here:  https://www.ftc.gov/news-events/press-releases/2017/10/ftc-provides-additional-guidance-coppa-voice-recordings

These materials were obtained directly from the Federal Government public websites and are posted here for your review and reference only.  No Claim to Original U.S. Government Works.  These may not be the most recent versions.  The U.S. Government may have more current information.  We make no guarantees or warranties about the accuracy or completeness of this information, or the information linked to.  Please check the linked sources directly.