Sending Office: Honorable Kathy Castor
Cosponsor the Kids PRIVCY Act (H.R. 5703)
Supporters: Common Sense Media, Center for Digital Democracy, Campaign for a Commercial-Free Childhood, Dr. Brandie Nonnecke, Director, CITRIS Policy Lab, UC Berkeley (Title for identification purposes only; this endorsement is
made in a personal capacity and does not represent the views of the University of California).
I invite you to join me in updating the Children’s Online Privacy Protection Act (COPPA) by cosponsoring H.R. 5703, the PRotecting the Information of our Vulnerable Children and Youth Act (Kids PRIVCY Act). The Act will require opt-in consent for all individuals
under 18, create a protected class of “Young Consumers” ages 13-17 and ban companies from providing targeted advertisements to children. These updates are necessary because technology, tracking and data gathering have outpaced privacy protections. Companies
are taking advantage of gaps in the law to collect enormous amounts of data on our children and profit off their personal information.
The Act provides families the necessary tools to protect their children. It will strengthen enforcement so that companies are held to account for improperly collecting our children’s data and for the misuse of that data. Moreover, the bill closes loopholes
in current law that have allowed companies to track and sell our children’s most sensitive information to the highest bidder without consent or consequences.
The legislation specifically strengthens privacy protections for children by:
- Requiring Opt-In Consent for all Individuals Under 18: Companies must obtain specific, informed, and unambiguous opt-in consent before collecting, retaining, selling, sharing, or using a young consumer or child’s personal information.
- Creating a Protected Class of “Young Consumers” Ages 13-17: For the first time in statute, the bill provides protection for teenagers 13-17, allowing them to control who collects their personal information and what companies can do with
- Banning Companies from Providing Targeted Advertisements to Children:
Prohibits companies from targeting children based on their personal information and behavior.
- Creating a Right to Access, Correct, and Delete Personal Information:
Companies must provide individuals the opportunity to access, correct, or delete their personal information at any time.
- Protecting Additional Types of Information: Expands the type of information explicitly covered to include physical characteristics, biometric information, health information, education information, contents of messages and calls, browsing
and search history, geolocation information, and latent audio or visual recordings.
- Requiring User-Friendly Privacy Policies: Companies must make publicly available privacy policies that are clear, easily understood, and written in plain and concise language.
- Limiting Disclosure to Third Parties: The bill prohibits companies from sharing personal information without consent. Furthermore, it creates additional duties companies must comply with before disclosing any personal information with third
- Requiring Reasonable Data Security Policies, Practices, and Procedures:
Requires companies to have a written security policy, point of contact for information security management and processes to identify, assess, and mitigate vulnerabilities.
- Prohibiting Industry Self-Regulation: Repeals dangerous safe harbor provision that allow for lax enforcement and rubberstamping of potentially unlawful practices.
- Strengthening FTC Enforcement: Raises the maximum allowable civil penalty per violation by 50 percent and allows the FTC to pursue punitive damages.
- Providing for Parental Enforcement: Parents will be able to bring civil actions to help enforce the bill and any resulting regulations.
- Banning Forced Arbitration: In a much-needed reversal of current law, companies will no longer be able force their consumers to waive their right to sue.
If you have any questions or would like to join as a cosponsor, you can contact Jake Barr with Rep. Castor’s office at
Jake.Barr@mail.house.gov or 202-225-3376.
e-Dear Colleague version 2.0