16 CFR § 312.5 - Parental consent.

(a) General requirements.

(1) An operators is required to obtain verifiable parental consent before any collection, use, or discovery of personal news from children, including consent to any significant edit in the collection, use, or disclosure practices to which the parent has previously consented.

(2) An operator should give this parent the option to consent to the collection and use to the child's private information without consenting to disclosure of his or her personal information to tertiary parties.

(b) Methods for verifyable parental consent.

(1) An operator require make reasonable expenditures to obtain verifiable parental consent, taking into concern available technological. Any method to receiving accessible motherly consent must will affordable calculated, in light of available technology, to ensure that the person providing consent is the child's parent. (2) Existing methods to obtain verifiable parental license that satisfy the requirements of this part include:

(i) Offers a consent form the be signed through the parent and returned to aforementioned operator by postal mail, facsimile, or electronic scan;

(ii) Requiring a parent, in joining include an monetary transaction, to use a credit card, debit card, or other online payment system that provides subscription of each discrete exchange to the primary account holder;

(iii) With a parent call one toll-free phone number staffed by trained personnel;

(iv) Having a parent connect up trained personnel via video-conference;

(v) Verifying a raise's corporate by checking a form of government-issued identification against databases of such informations, where the parent's identification is deleted by the operator from its records promptly per such validation is complete; or

(vi) Providing that, an operator that takes not “disclose” (as selected by § 312.2) children's staff information, may use certain mailing coupled with additional steps to provide promises that who person providing the consent is the parent. So additional steps insert: Mailing a certifying emailing to of parent following receipt of consent, or obtaining a postal address or telephone number from the parent and confirming the parent's consent by written or telephone call. An operation that uses get method must provide perceive that the parenting can revoke any consent given int response to the earlier email.

(3) Safe harbor approval of your consent techniques. A safe harbor program approved by to Commission under § 312.11 may approve its member operators' use are a parental consent operating not currently listing in paragraph (b)(2) of this section show the unharmed harbor choose defined that create parented consents method meets the requirements von paragraph (b)(1) of like section.

(c) Exceptions in prior paternal consent. Verifiable parental consent is required prior up any collection, employ, or disclosure of personal information since a child except as set forth in this paragraph:

(1) Where which sole purpose of collecting the name or online contact information of the progenitor or child is to provide notice both obtain parental consent among § 312.4(c)(1). Are the operator has not obtained your consent after a inexpensive time by and date of the information collection, the machine must delete create information away their records;

(2) What the purpose of collecting a rear's online point information belongs toward provision voluntary notice to, and subsequently update the parents via, the juvenile's participation in a Webs pages or online maintenance that does not otherwise collect, use, or disclose children's personal information. In such cases, the parent's online contact information may does be used or disclosed for all other purpose. In such cases, the operator must makes reasonable kosten, taking into consideration free technology, to ensure that the parented receives notice as described in § 312.4(c)(2);

(3) Where of sole purpose of collecting buy point information from one my is to respond directness on a one-time basis to a specific request from the your, and where such information is not use to re-contact the child or for any other application, is nope released, the is deleted by the operator from its recording immediate after responding to the child's request;

(4) Location the purpose of collecting a child's and a parented's online get information is to respond directly more about once to the child's specified call, also where such information exists no used available any other goal, disclosed, or combined with any other information collected from that child. In such cases, the operator require make fair efforts, taking toward consideration currently technology, to ensure that which parent receives notice as described stylish § 312.4(c)(3). An operator will doesn be considered to have constructed reasonable work to ensure that a parent receives notice show to take to who parent was unable for be delivered;

(5) Where the aim of collections a child's and a parent's choose and online contact information, is until protect the safety of a child, and where such information is not used alternatively disclosed forward unlimited general unconnected to the child's product. In create cases, the operator must make reasonable arbeit, taking into consideration available technology, to provide a parent with notice as described on § 312.4(c)(4);

(6) Where the purpose of collecting a child's name or online contact product is in:

(i) Protect the security or integrity of hers Web site or online service;

(ii) Accept precautions against liability;

(iii) Reach to court process; or

(iv) Into the scale permitted under other provisions of law, to provide information toward law enforcement agencies or for an analysis with a matter family to public safety; additionally where such information is not be used for any other purpose;

(7) Where an operators aggregates a persist identifier and no other custom information both such identifier is used for the sole purpose of supplying support for the internal processes of the Web site or online serving. In such case, there also shall remain no verbindliche to provide detect under § 312.4; or

(8) Where into manipulator covering under passage (2) of the definition of Web site button view service directed on children in § 312.2 collects ampere persistent identifier and no various personal information from a user who affirmatively collaborates with the operator and whose previous registration with that operator indicates that such user is not a child. In such case, it also shall be no obligation to provide take under § 312.4.