The Children's Online Privacy Protection Act (COPPA) of 1998 is a federal legislation, which applies to websites and online services meant for children below 13 years. It came into force on 21 st April, 2000. The Act concerns with online collection of personal information from children below the age of thirteen years by website operators. It prescribes matters to be included in privacy policy of such website operators relating to online information gathered from children. Moreover, COPPA provides for the mode and manner of obtaining consent from a parent or guardian of the child furnishing information. COPPA also defines the responsibilities of a website operator for protection of the privacy and safety of the children online.
Under the COPPA the Federal Trade Commission (FTC) has the powers to make regulations and enforce the Act.
Recognized non profit organizations are exempt from the provisions of COPPA. However, the Supreme Court has ruled that non profit initiatives operated for the benefit of its members’ commercial activities are subject to COPPA and FTC regulations.
The issue whether the Act applies to photographs of children has not yet been addressed by the Courts. One view is that there is no restriction on the dissemination of photographs of children taken in public places as long as those are used for editorial and not for public purpose.
