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FTC Issues COPPA Nonenforcement Policy To Enable Age Verification Under Strict Safeguards

The agency outlines strict safeguards for age‑check data under an interim approach that could precede formal COPPA rulemaking.

Overview

  • On Feb. 25, the FTC said it will not bring COPPA actions against operators that collect, use, or disclose personal data solely to determine a user’s age if specified conditions are met.
  • The conditions require purpose limitation, strong vendor oversight, prompt deletion and retention limits, clear notices to users and parents, reasonable security, and demonstrably accurate results.
  • The discretion applies to general‑audience and mixed‑audience services and does not alter expectations for sites primarily directed to children under 13.
  • The move follows the FTC’s Jan. 28 Age Verification Workshop; the Commission approved the policy 2–0 and said it intends to review the COPPA Rule to address age‑verification mechanisms.
  • FTC leaders praised age‑verification as protective for children, while critics warned of circumvention, accuracy problems, and breach risks, with UNICEF cautioning that age‑restriction regimes can backfire.