The Children's Online Privacy Protection Rule

OMB Control No: 3084-0117	ICR Reference No: 201208-3084-001
Status: Historical Inactive	Previous ICR Reference No: 201106-3084-001
Agency/Subagency: FTC	Agency Tracking No:
Title: The Children's Online Privacy Protection Rule
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 08/10/2012
Retrieve Notice of Action (NOA)	Date Received in OIRA: 08/10/2012
Terms of Clearance: The FTC should consider comments received regarding the information collection instrument(s) and provide a response and any necessary adjustments in its next submission to OMB.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2014	36 Months From Approved	07/31/2014
Responses	101	0	101
Time Burden (Hours)	6,100	0	6,100
Cost Burden (Dollars)	0	0	0

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Abstract: The COPPA Rule implements the Children's Online Privacy Protection Act (COPPA Act), which prohibits unfair and deceptive acts and practices in collecting and using personally identifiable information from and about children via the Internet. In September 2011, the FTC issued a Notice of Proposed Rulemaking seeking comment on proposed changes to the COPPA Rule to keep the Rule current with technology advances and consistent with the COPPA Act. The FTC received 350 comments. In response to those comments and informed by its experience in enforcing and administrating the Rule, the FTC now proposes to modify certain definitions to clarify the scope of the Rule and strengthen its protections for the online collection, use, or disclosure of children's personal information.

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Authorizing Statute(s): US Code: 15 USC 6501 et seq. Name of Law: Children's Online Privacy Protection Act

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3084-AB20	Proposed rulemaking	77 FR 46643	08/06/2012

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 6

IC Title Form No. Form Name Existing operators' one-time burden under the proposed amendments to redesign existing privacy polies & direct notice procedures Reporting requirements for a safe harbor applicant New entrant web operators' disclosure burden Safe harbors' incremental recordkeeping under the proposed amendments Existing safe harbors' one-time incremental burden under the proposed amendments to provide more details to their prior proposals Proposed annual audit and periodic report for safe harbors

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The proposed changes to the definitions of "operator" and "website or online service directed to children" will potentially increase the number of operators subject to the Rule. The proposed changes to the definition of "personal information" would expand the definition to encompass additional types of information and thereby potentially increase the number of operators subject to the Rule. The proposed amendment to eliminate the sliding scale "email plus" method for obtaining parental consent may increase the burden for the limited category of operators whose information collection practices to date have enabled them to use this relatively low cost method of obtaining parental consent. Existing operators that currently use the email plus method would incur burden in the first year of implementation to convert to a more reliable method of obtaining verifiable parental consent. The proposed Rule amendments require a safe harbor applicant to submit a more detailed proposal than what the current Rule mandates. Existing safe harbor programs will thus need to submit a revised application and new safe harbor applicants will have to provide greater detail than they would under the current Rule.

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Annual Cost to Federal Government: $425,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Mamie Kresses 202 326-2070 [email protected]

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(i) Why the information is being collected;
			(ii) Use of information;
			(iii) Burden estimate;
			(iv) Nature of response (voluntary, required for a benefit, or mandatory);
			(v) Nature and extent of confidentiality; and
			(vi) Need to display currently valid OMB control number;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date: 08/10/2012

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