Children's Online Privacy and Rights
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Transcript of Children's Online Privacy and Rights
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CHILDREN’S ONLINE PRIVACY AND RIGHTSNICK PETTEN !@PETTEN [email protected] WWW.NICKPETTEN.COM
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AGENDA: 1. Trends
2. Legislation
3. Questions and discussion
4. Ethical and Pedagogical issues
5. Questions and discussion
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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)
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USAGE BY CHILDREN
• 30% of 3-5 year old children use the Internet compared to 50% of 6-9 year olds
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• 46% of the 12 year-olds surveyed in a 2010 Pew study reported using a social network site (Lenhart et al., 2010)
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REPORT FROM COMMON SENSE MEDIA 2013
• Children’s access to mobile media devices is dramatically higher than it was two years ago.
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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.
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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.
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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.
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LEGISLATION
• COPPA: Children’s Online Privacy Protection Act
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• PIPEDA: Personal Information Protection and Electronic Documents Act
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• Consumer Protection Act in Quebec
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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
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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
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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
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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
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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
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COPPA: CASE STUDY
• Broken Thumbs Apps
• collecting children’s personal information without parental consent and used for marketing purposes
• fined $50,000
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COPPA: SAFE HARBOR PROGRAM
• allows industry groups to provide ‘FTC-approved’ certifications
• Truste
• Privo
• KidsSafe
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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?
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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.
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QUEBEC’S CONSUMER PROTECTION ACT
• prohibits commercial advertising directed at persons under the age of 13
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QUEBEC’S CONSUMER PROTECTION ACT
• General Mills pleaded guilty for advertising Lucky Charms cereal on a Lucky Charms website that included games
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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
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ETHICAL AND PEDAGOGICAL ISSUES
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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
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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
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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
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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
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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.
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ETHICAL AND PEDAGOGICAL ISSUES
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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
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CHILDREN’S RIGHTS AND BUSINESS PRINCIPLES
• Partnership between UNICEF, UN Global Compact and Save the Children
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QUESTIONS?
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THANK YOU!
• please contact myself or someone from MaRS in the education group for more information
• follow me on Twitter at @petten where I regularly post items on this subject