liability

How your company can limit its liability for US data collection lawsuits

This article was originally published by Built In.

As families and schools across the country adjust to the new normal of remote learning, litigants are heading to court claiming that the very technologies that make remote learning feasible may be impermissibly collecting children’s personal data.

Allegations that remote learning tools are violating the Children’s Online Privacy Protection Act are coming from both state and private litigants. COPPA requires online providers that collect the data of children under 13 years of age to take specific measures to protect that data, including privacy policies, parental consent and reasonable data security practices.

In the remote learning context, the Federal Trade Commission has issued guidance stating that schools can consent on behalf of parents to the collection of students’ personal information, provided the information is used for a school-authorized educational purpose and is not used for any commercial purpose. For the school

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