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Under COPPA, companies must get "verified consent" from a child's parent before collecting personal information from that child.
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A telephone script was used to verify consent.
All tapes were logged and kept to verify consent.
The complaint (PDF), filed by the Electronic Privacy Information Center and a couple of other groups, alleges that Genesis Toys and Nuance Communications "unfairly and deceptively collect, use, and disclose audio files of children's voices without providing adequate notice or obtaining verified parental consent," in violation of COPPA and other laws.
In order to participate, potential participants had to answer several questions to ensure that they understood the study procedures and potential harms and benefits before they verified their consent to participate online.
It also more adamantly demands that advertisers have the consent of users whose email addresses or phone numbers they upload for Custom Audience targeting, though Facebook does little to verify that consent and advertisers could still buy data sets from brokers and upload them themselves.
The only way to reliably verify parental consent online is with a credit card, which is antithetical to the nature of free scholarship matching services.
The agency has proposed excruciatingly specific procedures for verifying that consent, along with detailed disclosure of how aggregated data can be processed none of which apply to internet companies who actually use personal data today.
Sherman says Facebook is "not seeking to collect additional information" to verify parental consent, so it seems Facebook is happy to let teens easily bypass the checkup.
The issue is that, as Neustrom found out, mobile providers don't appear to be working very hard to verify that consent on their end.
Facebook's T&Cs required businesses to have "provided appropriate notice to and secured any necessary consent from the data subjects" to attain and use these people's contact info — but the company did not invest any effort in verifying whether consent had actually been obtained so did not actively enforce that rule.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com