This document summarizes Nick Petten's presentation on children's online privacy and rights. The presentation covered trends in children's usage of mobile devices and apps, legislation like COPPA and PIPEDA, and ethical issues companies should consider when collecting children's data or targeting them. It emphasizes designing privacy protections from the start and not using children's data for marketing without consent. The document advocates following applicable laws, understanding a business' impact on children, and adopting a child-rights framework.
4. @petten | npetten@marsdd.com
TRENDS IN THE MARKETPLACE
• Over 80% of the top selling paid apps in the
Education category of the iTunes Store target
children from toddlers to high school (Shuler, 2012)
• 58% of apps
target toddler
and preschool
age children
(Shuler, 2012)
5. @petten | npetten@marsdd.com
USAGE BY CHILDREN
• 30% of 3-5 year old children use the Internet
compared to 50% of 6-9 year olds
!
• 46% of the 12 year-olds surveyed in a 2010 Pew
study reported using a social network site (Lenhart
et al., 2010)
6. @petten | npetten@marsdd.com
REPORT FROM COMMON
SENSE MEDIA 2013
• Children’s access to mobile media devices is
dramatically higher than it was two years ago.
7. @petten | npetten@marsdd.com
REPORT FROM COMMON
SENSE MEDIA 2013
• Almost twice as many children have used mobile media
compared to two years ago, and the average amount of
time children spend using mobile devices has tripled.
8. @petten | npetten@marsdd.com
KEY TAKEAWAYS FROM THE
NUMBERS
• There is a big difference between ages. Children are
not a homogenous group and are as diverse as any
other group.
• There is a growing market with younger children
going online and using apps.
9. @petten | npetten@marsdd.com
FTC: LITTLE PROGRESS ON
PRIVACY AND DISCLOSURE
• A 2012 report from the FTC called, “Mobile Apps for Kids: Disclosures
Still Not Making the Grade” which surveyed 400 apps in the
marketplace
• 80% of the apps apparently did not disclose any information
about the apps privacy practices prior to download.
• 60% of the apps transmitted the device ID to the developer, an
advertising network, an analytics company, or other third party.
• 58% of the apps contained in-app advertising, but only 15% of
the apps disclosed information about the presence of advertising.
10. @petten | npetten@marsdd.com
LEGISLATION
• COPPA: Children’s Online Privacy Protection Act
!
• PIPEDA: Personal Information Protection and
Electronic Documents Act
!
• Consumer Protection Act in Quebec
11. @petten | npetten@marsdd.com
COPPA: CHILDREN’S ONLINE
PRIVACY PROTECTION ACT
• Applies to:
• operators of commercial websites and online services
(including mobile apps) directed to children under 13 that
collect, use, or disclose personal information from children
• operators of general audience websites or online services
with actual knowledge that they are collecting, using, or
disclosing personal information from children under 13
• websites or online services that have actual knowledge that
they are collecting personal information directly from users of
another website or online service directed to children
12. @petten | npetten@marsdd.com
COPPA: THE RULES
• clear and comprehensive privacy policy describing
information practices
• provide direct notice to parents and obtain parental
consent
• parental choice to the internal use of information, but
prohibiting from disclosing to third parties
• parental access to child’s information to review and/or
delete
13. @petten | npetten@marsdd.com
COPPA: THE RULES
• give parents the opportunity to prevent further use
and collection
• maintain confidentiality, security, and integrity of
the information
• retain information collected for only as long as is
necessary to fulfill the purpose for which it was
collected and then delete it
14. @petten | npetten@marsdd.com
COPPA: CASE STUDIES
• Path
• improperly accessing contact data and
registering children under the age of 13
• $800,000 fine
• required a comprehensive privacy program
which must be audited every two years for the
next 20 years
15. @petten | npetten@marsdd.com
COPPA: CASE STUDIES
• Artist Arena
• registered approximately 25,000 child users
without notifying parents and obtaining consent
• $1 million settlement
• the content of the website attracted young
children
16. @petten | npetten@marsdd.com
COPPA: CASE STUDY
• Broken Thumbs Apps
• collecting children’s personal information
without parental consent and used for
marketing purposes
• fined $50,000
17. @petten | npetten@marsdd.com
COPPA: SAFE HARBOR
PROGRAM
• allows industry groups to provide ‘FTC-approved’
certifications
• Truste
• Privo
• KidsSafe
18. @petten | npetten@marsdd.com
CANADIAN LEGISLATION:
PIPEDA
• PIPEDA: Personal Information Protection and
Electronic Documents Act
• recognizes an individual’s right to privacy and that a
company can only use or disclose personal
information that a reasonable person would
consider appropriate
• as a business are you providing enough information
that users are able to give their informed consent?
19. @petten | npetten@marsdd.com
CANADIAN LEGISLATION:
PIPEDA
• Privacy Commissioner: children are not likely able
to provide meaningful consent
• Supreme Court of Canada: “[r]ecognition of the
inherent vulnerability of children has consistent
and deep roots in Canadian law” and that “[t]his
results in protection for young people’s privacy” in
several legislative areas.
21. @petten | npetten@marsdd.com
QUEBEC’S CONSUMER
PROTECTION ACT
• General Mills pleaded guilty for advertising Lucky
Charms cereal on a Lucky Charms website that
included games
22. @petten | npetten@marsdd.com
QUEBEC’S CONSUMER
PROTECTION ACT
• presenting advertisements
to children when they
interacted with their avatar
• encouraging children them
to join a paid subscription
and purchase products
25. @petten | npetten@marsdd.com
ETHICAL AND PEDAGOGICAL
ISSUES
• Businesses are increasingly creating and
influencing the experiences of childhood
• this is problematic if the sole purpose of a
business is to maximize profit without ethical
regard for children’s well-being and learning
objectives
26. @petten | npetten@marsdd.com
ETHICAL AND PEDAGOGICAL
ISSUES
• Unethical practice: False claims that using a
product or service will help children learn
something
• Recommendation: Don’t make claims that you can
back up through scientific evidence
27. @petten | npetten@marsdd.com
ETHICAL AND PEDAGOGICAL
ISSUES
• Unethical practice: using children’s personal
information to send targeted advertising and
marketing
• Recommendation: don’t use children’s information
for anything other than the stated purpose of your
product or service
28. @petten | npetten@marsdd.com
ETHICAL AND PEDAGOGICAL
ISSUES
• Unethical practice: not disclosing how personal
information is being used
• Recommendation: address and design privacy
safeguards at the beginning (or as soon as
possible) of your business venture
29. @petten | npetten@marsdd.com
ETHICAL AND PEDAGOGICAL
ISSUES
• Unethical practice: conditioning a child’s
behaviour through in-app activities for monetary
gain
• Recommendation: carefully consider how users
might make in-app purchases and what leads
them to make that decision.
31. @petten | npetten@marsdd.com
PRACTICAL WAYS OF BECOMING
A CHILD-FRIENDLY BUSINESS
Understand
and follow
applicable law
Do the
research to
understand
your impact
on children
Actively
design and
implement
child-friendly
business
practices
Adopt a
children’s
rights
framework
LEVELS OF ENGAGEMENT
34. @petten | npetten@marsdd.com
THANK YOU!
• please contact myself or someone from MaRS in
the education group for more information
• npetten@marsdd.com
• follow me on Twitter at @petten where I
regularly post items on this subject