FTC Rejects Request for New COPPA Application

The Federal Trade Commission (FTC) has declined an application “without prejudice” by the Entertainment Software Rating Board, Yoti, and SuperAwesome for FTC approval of a new method for obtaining parental consent under the Children’s Online Privacy Protection Rule (COPPA Rule). The applicants in 2023 sought approval for the use of “Privacy-Protective Facial Age Estimation” technology, which examines a user’s facial features to verify that they are an adult.

According to the COPPA Rule, websites and services aimed at children under 13, as well as those who know they are gathering personal information from children under 13, must get parental consent before collecting, using, or disclosing personal information from a child. The rule provides various approved methods for acquiring parental consent but also allows interested parties to propose new verifiable consent methods to the FTC for review.

After receiving over 350 comments, the FTC voted 4-0 to reject the application without prejudice, allowing the applicants to reapply in the future when the FTC expects to have more information to better understand age verification technologies and the application process. The FTC’s decision to decline the application at this time does not indicate a stance on the application’s validity.