Minds → Data Privacy → What practices are prohibited when collecting personal information from children online? Answer in under 100 words. Cite only eCFR (www.ecfr.gov) sources.
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What practices are prohibited when collecting personal information from children online? Answer in under 100 words. Cite only eCFR (www.ecfr.gov) sources.

Under 16 C.F.R. § 312.3, it is unlawful for any operator of a website or online service directed to children under 13 — or any operator with actual knowledge it is collecting personal information from a child under 13 — to collect such information in violation of the COPPA Rule. Operators must provide privacy notice (§ 312.4), obtain verifiable parental consent (§ 312.5), and may not condition a child's participation in activities on excessive disclosures.
Last verified: 2026-08-27 · Sources checked: 3/3 resolving · Next scheduled review: 2026-11-25

Details / How it works

Section 312.3 makes it unlawful for operators of websites, online services, mobile applications, or internet-connected device services directed to children under 13 — or operators with actual knowledge of collecting from a child under 13 — to collect personal information in violation of the COPPA Rule. The general obligations enumerated under the Rule require operators to:

  • Provide notice of collection, use, and disclosure practices (§ 312.4).
  • Obtain verifiable parental consent prior to collection, use, or disclosure (§ 312.5).
  • Provide reasonable parental review and deletion rights (§ 312.6).
  • Not condition a child's participation in a game, prize, or activity on disclosure of more personal information than reasonably necessary (§ 312.7).
  • Maintain reasonable confidentiality, security, and integrity procedures, including encryption and breach response (§ 312.8).

Numbers & thresholds

Provision Prohibited Practice Statutory Hook
§ 312.3 Collecting personal information from children under 13 in violation of the Rule 16 C.F.R. § 312.3
§ 312.4(b) Failing to provide notice of collection, use, and disclosure practices 16 C.F.R. § 312.4
§ 312.5 Collecting, using, or disclosing without verifiable parental consent 16 C.F.R. § 312.5
§ 312.7 Conditioning participation on disclosure of more personal information than necessary 16 C.F.R. § 312.7

Exceptions & edge cases

Section 312.5(c) enumerates nine limited exceptions to the prior-verifiable-parental-consent requirement, including one-time responses to a child's specific request, voluntary parental notice updates, child safety protections, website security/integrity, judicial process, and persistent identifiers used solely for internal operations. An FTC-approved safe harbor program under § 312.11 may also approve additional consent methods that satisfy § 312.5(b)(1).

Sources

  1. [1]U.S. Government Publishing Office / Federal Trade Commission — 16 CFR 312.3 — COPPA — regulation of unfair or deceptive acts in collecting children's personal information online · as of 2026-08-27
  2. [2]U.S. Government Publishing Office / Federal Trade Commission — 16 CFR 312.4 — COPPA — notice requirements for operators collecting children's information · as of 2026-08-27
  3. [3]U.S. Government Publishing Office / Federal Trade Commission — 16 CFR 312.5 — COPPA — verifiable parental consent requirements · as of 2026-08-27

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