A bill to amend the Children’s Online Privacy Protection Act of 1998 to strengthen protections relating to the online collection, use, and disclosure of personal information of children and minors, and for other purposes.
Latest action (12 Mar 2019): Introduced
What this bill does
S. 748 would amend the Children's Online Privacy Protection Act of 1998 (COPPA) to expand and strengthen federal privacy rules for online collection, use, and disclosure of personal information belonging to children and, for the first time, a new category called "minors" (individuals ages 13–15). It would broaden definitions of "personal information" (adding geolocation, biometric data, and IP addresses), require "verifiable consent" rather than only parental consent, limit targeted marketing to children and minors, mandate deletion and access rights for personal data, and direct the FTC to update related regulations periodically. It also creates a "Digital Marketing Bill of Rights for Minors," a privacy dashboard for connected devices aimed at children, cybersecurity standards for children's connected devices, and a new Youth Privacy and Marketing Division at the FTC to oversee enforcement.
The bill primarily affects companies operating websites, apps, online services, or connected devices directed at or used by children and minors, requiring them to give clearer notice, limit data collection and marketing practices, and allow parents (for children) or minors themselves to review, obtain, or delete collected information. It also affects the FTC, which would gain new rulemaking, oversight, and enforcement responsibilities, and telecommunications carriers and cable operators, who would become subject to FTC enforcement under this law.
The bill was introduced in the Senate on March 12, 2019, by Senator Edward Markey, with Senator Josh Hawley as a cosponsor, and was referred to the Senate Committee on Commerce, Science, and Transportation. It did not receive a vote during the 116th Congress and did not become law.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
This bill extends to minors (ages 12 16) privacy protections previously applicable only to children (ages 0 12) and otherwise establishes greater online privacy protections for children and minors.
Specifically, the bill prohibits an operator of a website, online service, online application, or mobile application directed to a child or minor with constructive knowledge the user is a child or minor from collecting the user's personal information without
• providing notice and obtaining consent,
• providing a parent or minor with certain information upon request,
• conditioning participation by a user on the provision of personal information,
• establishing and maintaining reasonable procedures to protect the personal information collected from users.
The bill also prohibits targeted marketing directed to a child or directed to a minor without the minor's consent.
The bill further outlines a set of principles governing how operators should collect and use personal information, as well as provide information to a parent or minor. A parent or minor must be able to challenge the accuracy of personal information, and an operator must provide for the erasure or correction of inaccurate personal information. Operators must also implement mechanisms for the erasure or elimination of personal information at the request of users and make users aware of such mechanisms.
Common questions
- What does S. 748 do?
- S. 748 would amend the Children's Online Privacy Protection Act of 1998 (COPPA) to expand and strengthen federal privacy rules for online collection, use, and disclosure of personal information belonging to children and, for the first time, a new category called "minors" (individuals ages 13–15). It would broaden definitions of "personal information" (adding geolocation, biometric data, and IP addresses), require "verifiable consent" rather than only parental consent, limit targeted marketing to children and minors, mandate deletion and access rights for personal data, and direct the FTC to update related regulations periodically. It also creates a "Digital Marketing Bill of Rights for Minors," a privacy dashboard for connected devices aimed at children, cybersecurity standards for children's connected devices, and a new Youth Privacy and Marketing Division at the FTC to oversee enforcement. The bill primarily affects companies operating websites, apps, online services, or connected devices directed at or used by children and minors, requiring them to give clearer notice, limit data collection and marketing practices, and allow parents (for children) or minors themselves to review, obtain, or delete collected information. It also affects the FTC, which would gain new rulemaking, oversight, and enforcement responsibilities, and telecommunications carriers and cable operators, who would become subject to FTC enforcement under this law. The bill was introduced in the Senate on March 12, 2019, by Senator Edward Markey, with Senator Josh Hawley as a cosponsor, and was referred to the Senate Committee on Commerce, Science, and Transportation. It did not receive a vote during the 116th Congress and did not become law.
- Has S. 748 become law?
- Not yet. As of 12 Mar 2019, S. 748 is introduced.
- Who sponsored S. 748?
- S. 748 was sponsored by Sen. Edward “Ed” Markey [D-MA] (Democrat-MA), with 1 cosponsor.
- What's the latest action on S. 748?
- Introduced (12 Mar 2019).
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