On July 19, the FTC
announced it is seeking public feedback on whether it should approve an application that proposes to create a new method for obtaining parental consent under the Children’s Online Privacy Protection Act (COPPA). The new method would involve analyzing a user’s facial geometry to confirm the individual’s age. Under COPPA, online sites and services directed to children under 13 are required to obtain parental consent before collecting or using a child’s personal information. COPPA provides a number of acceptable methods for obtaining parental consent but also allows interested parties to submit proposals for new verifiable parental consent methods to the FTC for approval.
The application was submitted by a company that runs a COPPA safe harbor program, along with a digital identity company and a technology firm that helps companies comply with parental verification requirements. Specifically, the FTC’s request for public comment solicits feedback on several questions relating to the application, including: (i) whether the proposed age verification method is covered by existing methods; (ii) whether the proposed method meets COPPA’s requirements for parental consent (i.e., can the proposed method ensure that the person providing consent is the child’s parent); (iii) does the proposed method introduce a privacy risk to consumers’ personal information, including their biometric information; and (iv) does the proposed method “pose a risk of disproportionate error rates or other outcomes for particular demographic groups.” Comments are due 30 days after publication in the Federal Register.
