Online Privacy Protection for Children

 This guest post is from Sabrina Campbell, Regent Law 2022 Graduate & current Family Law student:

Recently, Kim Kardashian and Kanye West have been back and forth on social media regarding their pending divorce and custody battle of their four children. One of Kanye’s many posts was about North West, the couple’s 8 year old daughter, and her use of the popular app, TikTok. While most would agree that airing these concerns on Instagram for the entire world is not the best way to address this situation, Kanye’s concerns over his 8 year old daughter’s social media presence are not unfounded. Social media and the internet are such a pervasive part of our society, which is good in some respects but it also comes with several downfalls. From a young age children are exposed to the internet and taught how to navigate it, often times better than adults. There are many dangers of social media, including predators, bullies, exposure to inappropriate content or information, and the possibility of children divulging personal information. There is no doubt that social media can quickly become a dangerous place for children.

The law has attempted to protect children online, but like many laws it falls short. The Children’s Online Privacy Protection Act (COPPA) is a federal law that attempts to protect children’s privacy by placing rules on the use of data collected from children 13 and younger. The law places specific requirements on websites by requiring age limits on certain websites, parental consents, privacy policies, and marketing restrictions. COPPA is intended to apply to any website geared toward children and places restrictions on those websites ability to collect and use data from children under the age of 13. Recently, TikTok agreed to a $5.7 million dollar settlement with the FTC for alleged COPPA violations. The FTC alleges that TikTok failed to comply with COPPA because children under 13 were able to create public accounts without any parental consent. TikTok claimed that since the app is not intentionally geared for children under 13, COPPA does not apply. This is a common loophole used by several other social medial sites to get around COPPA compliance. The platforms claim that they are not geared toward children since they require users to be at least 13 to create a profile, and thus COPPA does not apply to them. However, children can and do easily lie about their age to create these profiles with no trouble.  Furthermore, even when platforms are attempting to comply with COPPA and require privacy notices and parental consent, it is often difficult for parents to understand what parts of their children’s data is being collected and what it can be used for. Additionally, COPPA is only geared toward protecting children ages 13 and younger, but children over 13 also need protection on the internet.

Overall, COPPA is outdated and relatively easy to get around. Because COPPA has these problems, there is relatively little legal protection for children online. There have been several proposed bills introduced in congress to further protect children online, but as of now, the best way to keep children safe on the internet is for parents to be vigilant and involved in what their children do and post on the internet.

Based on this information, it is understandable why Kanye was not happy about his 8 year old daughter posting public TikToks. It is true that North is only 8 years old and TikTok’s policy is that users must be 13 and up. However, North’s account states that it is managed by an adult, and considering how well known she is, it likely is. Whether Kanye was genuine in this concern or if was just another way to call out Kim Kardashian's parenting amidst a contentious divorce and custody battle is unknown. However, Kanye does bring up a very important topic of children’s online privacy and safety.

Parents should teach their children how to be safe online and how to recognize what is not safe or appropriate. Additionally, parents can keep a close eye on what apps and websites their children have access to and what they are allowed to do on those applications or websites. Further, if parents allow their child to be on certain social media sites, the parents should monitor not only what their children post, but what others are commenting on these posts. It is important for parents to be engaged in their children’s online activities, because parents are in the best position to help keep their children safe online.

Furthermore, engaging in these conversations not only teaches children about online safety but it creates an open dialogue for children to feel comfortable coming to their parents if there is an issue. Additionally, if parents are checking in on their children online, they can see what their children are interested in and what type of content they enjoy consuming. This can help parents bond with their children over their likes and this bond can further family relationships. As of now, the law does not do enough to protect children online. Parents must assume this role and make sure that their children are being safe in their online interactions