Skip to content

Discerning Data

  • About Us
  • Additional Resources
  • Contact Us

DISCERNING DATA

A Faegre Drinker Blog Covering the Latest in Privacy, Cybersecurity and Data Strategy

  • Privacy
  • Cybersecurity
  • Data Strategy
  • Disruptionware

“Hey toy – can you …”

Share

The Federal Trade Commission provided additional guidance on how the Children’s Online Privacy Protection (COPPA) Rule, 16 C.F.R. Part 312, applies to the practice of collecting audio files that contain a child’s voice, immediately converting the audio to text, and deleting the files containing the voice recording triggers COPPA’s requirements.

The FTC guidance provides that it will not take enforcement action against operators who collect audio files without first obtaining verifiable parental consent in situations where the child’s voice is being used solely as a replacement for written words, such as to convert voice to text in order to perform a search and other function on internet-connected devices.

The FTC notes if the operator only uses the audio file as a replacement for the written words, such as to effectuate an instruction or request, and only maintains the file long enough to complete the task and then immediately deletes it, there is little risk the audio file will be used to contact an individual child.   The FTC’s non-enforcement policy would require the operator to provide the notice required by the COPPA Rule, including clear notice of its collection and use of audio files and its deletion policy in its privacy policy.

The guidance does include some limitations.  It would not apply:

  • in those situations where the operator requests information via voice that would otherwise be considered personal information
  • if the operator did not provide clear notice of its collection and use of the audio files as well as its deletion policy in its privacy policy, or

if the operator uses the file for any purpose such as behavioral targeting or profiling, or for identification purposes through voice recognition, or posting, selling or otherwise sharing the information.

The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.

Receive Email Alerts to New Articles

SUBSCRIBE

November 1, 2017
Written by: Discerning Data Editorial Board
Category: FTC, Privacy
Tags: COPPA, data collection, policy

Post navigation

Previous Previous post: OCR’s Guidance on HIPAA-Permissible Information Sharing During Patient Opioid Crisis
Next Next post: Latest OCR Reminder Regarding Mobile Device Security and PHI

Search the Blog

Sign Up for Email Alerts

PODCASTS

Faegre Drinker on Law and Technology

©2023 Faegre Drinker Biddle & Reath LLP. All Rights Reserved. Lawyer Advertising.

  • About Us
  • Additional Resources
  • Contact Us
We use cookies to improve your experience with our website. By browsing our site, you are agreeing to the use of cookies. For more information about how we use cookies, please review our privacy policy and cookie policy. OK
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT