Forum Moderators: not2easy
The closest thing I could find to the content of COPPA is at COPPA.org. I looked there and didn't find any reference to photos, just personal information. If it's not addressed in COPPA, is it legislated somewhere else? Or is this one of those cases of something that isn't required even though it seems like it should be?
I have a bunch of photos from a reception that I'm supposed to put on a website, and there are several pictures of kids ages 6-16. The event was open to the public, the kids' photos are posed, and in some cases their parents are posing with them in the photos, but I've found out that no one told them the pictures could end up posted on the internet.
My understanding has always been that I need to get the parents' permission before posting kids' pictures, but now I've been asked to produce the document that requires that, and I'm finding it difficult. Any help is appreciated.
The Children's Online Privacy Protection Act and Rule apply to individually identifiable information about a child that is collected online, such as full name, home address, email address, telephone number or any other information that would allow someone to identify or contact the child.
In general, pictures taken in public have first amendment rights that override any congressional laws. But I have no idea if the pictures being posed would make any difference.
Now that I think about it, "open to the public" does not make it a public event, so unless it was in a public location like a park, you probably do not even get that protection.
When you put the pictures online, could you put it somewher that is password protected?
I believe that if it was inside a building, it was not "in public".
Inside or outside has nothing to do with it. In fact, public or private property makes a difference, but not as much as you might think.
It tends to center around whether or not you have a reasonable expectation of privacy.
If you and your kids go to one of the Smithsonian museums, you cannot have an expectation that you will not end up online in someone else's vacation pictures.
In that same building, you have a very high expectation of privacy washing your hands in the bathroom.
Besides, would you want someone posting pics of you and your kids without your permission?
Doesn't bother me in the least. There are pictures of me on a clothing-optional beach with my girlfriend at the time and her two kids that have been floating around the newsgroups for around 9 years. I thought it was pretty funny when I came across it.
She also made it onto the front page of the Boston Globe (online edition too) with her kids, and they never asked her permission, nor were they in any way required to.
I just don't see what the big deal is unless someone is actually *looking* for your kid. In that case it is up to you to keep your kid away from cameras.
COPPA is designed to protect your kids from marketers, not psychos.
If the OP is running a business, I would advise him to get permission before making any images public. Bad PR is a killer. Lawsuits, even ones you win, are a killer.
Since you are not asking children to upload photos you are not in violation of COPPA but might be running afoul of other legislation.
Apply all disclaimer - I thank god am not an attorney.
cEM
Earlier today I located the Federal Register's Final Rule on COPPA. Since our office uses the Federal Register as an authoritative source on other matters, I'm comfortable using it on this one too. (Link [cdt.org] to PDF of Federal Register, Part III, Federal Trade Commission, 16 CFR Part 312, Children's Online Privacy Protection Rule; Final Rule - 29 pages)
I searched it for the words "photo" and "picture" and found the following, regarding COPPA's prohibition of posting children's "personal information":
"Personal information means individually identifiable information about an individual collected online, including: ...a combination of a last name or photograph of the individual with other information such that the combination permits physical or online contacting..."
...and this:
"...a photograph of the individual, when associated with other information collected online that would enable thephysical or online contacting of the individual"
...and, perhaps most intriguing, this from a footnote to the comment above:
"[In response to having been asked to remove the words 'collected online' and having declined to do so] While we are cognizant of the risks posed by such practices, the Commission believes that the COPPA does not apply to information submitted to an operator offline."
That would seem to imply that the law does not require permission unless the photo is combined with other information that would facilitate identification of the child. For my current situation, the "collected online" part would seem to exempt us from obtaining permission, but I'm inclined to play it safe and will be seeking parents' permission anyway. Actually, I've been doing that all along when I'm the one taking the photos, but I didn't attend the event where these particular pictures were taken, and the photographer who was there apparently has no idea about COPPA.
Unsettling thought: COPPA is the ultimate reference legislation on this, right? :o
What is more likely to apply would be government departmental regulations.
It is not COPPA that keeps schools from posting pictures, it is laws and local rules and regulation that restrict the activities of schools in dealing with student information.
I would avoid "posed" pictures unless they are "newsworthy" such as the award being handed to the kid.
If it is the kids that got the awards that you are most concerned about showing, I would expect that someone should have contact information for them. It will be a pain in the butt, but you getting permission is less hassle than getting sued.
COPPA was created in response to fears of internet stalkers and other malicious users were tricking kids into divulging senitive information.
That's not to say, though, there are possibly other good reasons not to post kids pictures online.
