Emily Tabatabai Discusses the FTC's Updated COPPA FAQs

July.24.2014

Privacy attorney Emily Tabatabai recently spoke with DataGuidance about the Federal Trade Commission's newly updated FAQs regarding the Children's Online Privacy Protection Act 1998 (COPPA). The updated FAQs contain three changes relevant to mobile apps that focus on alternative mechanisms for obtaining verifiable parental consent (VPC) among other things.

"There is still a lot of open questions as to how these [alternative] methods will be implemented in practice."

The remaining changes make clear that a third party, such as an app store, can develop platform based mechanisms to obtain VPC on behalf of app developers for child directed apps. In addition, it is confirmed that app stores providing these third party platform based consent mechanisms would not be liable for COPPA compliance short comings in apps run on their platforms.

Tabatabai noted these clarifications, "should encourage app stores to develop innovative platform based parental consent mechanisms […] which have the potential to be the most reliable and cost effective compliance option for small app developers."

Certified as an information privacy professional in both U.S. and European privacy law (CIPP/US and CIPP/E) by the International Association of Privacy Professionals (“IAPP”), Ms. Tabatabai works with clients to comply with the various laws, regulations and best practices governing the collection and use of personal data. She has advised companies on compliance, investigations, and litigation involving a variety of federal and state law obligations, including under the Federal Trade Commission Act, the Children’s Online Privacy Protection Act (COPPA), the Fair Credit Reporting Act (FCRA), Gramm-Leach-Bliley Act (GLBA), state data breach notification laws, California Online Privacy Protection Act (CalOPPA) and others.

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Emily S. Tabatabai Partner, Cyber, Privacy & Data Innovation, Technology Companies Group

Washington, D.C.; Houston

See my bio

D:+1 202 339 8698
E: [email protected]

Practice:

Technology & Innovation Sector
Cyber, Privacy & Data Innovation
Technology Companies Group
Internet of Things
Strategic Advisory & Government Enforcement (SAGE)

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Emily S. Tabatabai Partner

Washington, D.C.; Houston

Emily provides strategic counseling and advice on privacy, consumer protection and online safety matters to clients across industries, including retail, ecommerce, mobile apps, gaming, social media, advertising technology (adtech), financial services, education, business services and technology. She also represents clients subject to regulatory investigations, including before the FTC and States Attorneys General, Congressional committees and other regulatory agencies and groups.

Emily provides proactive compliance guidance, and regulatory investigation defense, on a variety of privacy and consumer protection laws, including:

U.S. state privacy laws in California, Colorado, Connecticut, Utah, Virginia and other states
Children’s Online Privacy Protection Act (COPPA)
Online safety laws for kids and teens, including California Age-Appropriate Design Code Act (AADC), Utah Social Media Regulation Act and others
Section 5 of the Federal Trade Commission Act (FTC Act) and state unfair and deceptive acts and practices (UDAP) laws
Family Educational Rights and Privacy Act (FERPA)
California’s Student Online Personal Information Protection Act (SOPIPA), New York’s Education Law 2-d and other state student data privacy laws
Illinois’ Biometric Information Privacy Act (BIPA) and other biometric privacy laws
Washington My Health My Data Act and other state health privacy laws
Fair Credit Reporting Act (FCRA)
Gramm-Leach-Bliley Act (GLBA)
Telephone Consumer Protection Act (TCPA)
Telemarketing Sales Rule (TSR)
Restore Online Shoppers’ Confidence Act (ROSCA)

Emily is a frequent speaker on data privacy matters, with a particular focus on children’s privacy (COPPA), student data privacy and EdTech and online safety laws for kids and teens. She has been featured as an “Up and Coming” Privacy & Data Security attorney by Chambers USA and Chambers Global. Clients tell Chambers, “She’s been an excellent partner. She has a very good understanding of the practical realities of implementing privacy policies for large companies.” Citing her expertise in the field of educational privacy, student data and EdTech matters, Chambers reports that clients regard her as “very knowledgeable and truly an expert in this space,” with some saying, “On the student data side, she is unmatched,” and The Legal 500 notes that Emily “is the first port of call for child- and student-directed service providers for compliance advice with COPPA, SOPIPA and CalOPPA regulations.”

Emily also has an active consumer protection practice, focused on marketing and promotional issues. She counsels clients on advertisements and endorsements, retail sales and e-commerce, advertising substantiation, SMS and telemarketing, social media and online advertising.