Children’s Right to Privacy on the Internet in the Digital Age

Abstract

As access to the internet has become easier and more widespread in recent years, children have also started getting both increased and easier access to the internet, whether at home or at school. This access, coupled with a decrease in supervision while on the internet, implicates certain questions in regard to children. Questions involving data privacy rights are relevant to both adults and children in the digital age, but there are certain concerns that arise uniquely for children. This Note will focus on one piece of legislation that concerns data privacy rights for children—the Children’s Online Privacy Protection Act (COPPA) (16 C.F.R. § 312). The main question that this Note will seek to answer is whether COPPA is adequate in protecting children’s data privacy rights. Part II will explore the history behind COPPA and explain what it actually is, defining key terms as used in the legislation as well as explaining certain provisions. Part III will discuss problems that have arisen under COPPA recently, analyzing lawsuits that have occurred under COPPA as well as the legislation’s shortcomings which have been highlighted in recent events. Finally Part IV will offer possible solutions to these problems, explaining what other scholars have suggested as solutions to these problems as well as other suggestions.