Video Game Industry Asks FTC to Tweak Privacy Compliance for Kids

A push by the video game industry for a tweak to its safe harbor program under the Federal Trade Commission’s children’s online privacy rule has prompted the agency to seek public comment.

The Entertainment Software Ratings Board, a self-regulatory organization that designates age and content ratings to video games, proposed changes to the self-regulatory program under the Children’s Online Privacy Protection Rule that the agency approved for the industry group in 2001. It gives ESRB companies a safe harbor under the rule if they comply with FTC-approved industry guidelines.

The Children’s Online Privacy Protection Act requires companies collecting information on children under age 13 to seek verifiable parental consent and provide extensive privacy policies. The COPPA rule’s safe harbor provision encourages businesses to create FTC-approved guidelines for complying with the rule.

The ESRB wants to change the definition of “personal information and data” to reflect FTC guidance released in October 2017 related to parental consent for audio recordings, according an FTC statement.

The industry group also proposed removal of a requirement that new companies participating in its safe harbor program complete a self-assessment before joining the program, according to the agency.

The FTC is seeking comment on aspects of the proposed modified program, including the effectiveness of mechanisms used to assess companies’ compliance with the proposed program requirements and of the incentives for companies to comply with the program.

The agency will soon publish a notice of its call for comment in the Federal Register, according to the FTC. The comment period closes May 9.