Attorneys Dismiss Calls for FTC to Scrutinize COVID-19 Privacy
COVID-19 highlights the need for the FTC to scrutinize children's data collection, advocates repeated this week as privacy attorneys dismissed calls for industry to alter regimes. The agency should compel information from technology, media and educational tech companies collecting kids' data, the Campaign for a Commercial-Free Childhood and Center for Digital Democracy wrote the agency Thursday (see 2003260011). The commission received the letter.
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Last week’s request “reads like a fishing expedition,” said Bryan Cave's David Zetoony. Advocates are trying to collect as much information as possible from industry by taking a shotgun approach with an untold regulatory burden, he said: “I understand the position of the advocates, but it’s not the best timing and a bit myopic.”
No one incident prompted the FTC Act Section 6(b) request, said CCFC Executive Director Josh Golin, describing it as a follow-up to the groups’ comments on the FTC review of the Children's Online Privacy Protection Act (see 1912120062). The organizations would have filed without COVID-19, he said, because the FTC needs to look inside this “black box.” He cited questions about what data companies are collecting about children and how it’s shared.
The virus generated an unprecedented need for distance learning and remote entertainment, said O'Melveny & Myers' Scott Pink: The request is a reminder for companies to be “mindful of the increasing regulatory scrutiny and the importance” of COPPA compliance. Ed tech sector requires collaboration between schools and tech companies to “ensure that proper notice is provided to and consent obtained from parents,” he added.
Industry is cognizant of concerns, said McGuireWoods' Greg Guice: “Either companies have been compliant or they’re not.” It makes no difference whether the platform is handling 100,000 users or a million because the approach doesn’t change, he said: “Those systems are in place, so it’s not like they’re diverting resources.” COVID-19 is drawing more attention to the Health Insurance Portability and Accountability Act than COPPA, he said.
Some 120 questions included in the request would require potentially thousands of company hours, which isn’t reasonable considering demands resulting from increased traffic, Zetoony said. The FTC doesn’t have the resources to complete such a broad study that conflates activity from tech companies, ed tech platforms and telcos, he said.
Increases in remote activity heighten the risk for criminals exploiting youth, said a National Center on Sexual Exploitation spokesperson. He noted the FBI’s warning about increased risks due to school closings. Platform safeguards weren’t in place, and opportunities have increased, he said, noting parents are turning to platforms without proper safeguards.
The FTC and Education Department should issue joint guidance to “education technology companies and parents to protect student privacy during the coronavirus pandemic,” wrote Democratic Sens. Ed Markey Mass., Richard Blumenthal, Conn. and Dick Durbin, Ill. Tuesday's letter noted the rise in distance learning and inadequacy of privacy safeguards: Parents "are grappling with the vast complications this pandemic has for their children. Those parents should not have to worry about the misuse or vulnerability of their child’s personal information.”