H.R.1895 - Do Not Track Kids Act of 2011112th Congress (2011-2012)
Summary: H.R.1895 — 112th Congress (2011-2012)
Introduced in House (05/13/2011)
Do Not Track Kids Act of 2011 - Amends the Children's Online Privacy Protection Act of 1998 to: (1) revise the definition of "operator" to include online and mobile applications (currently, only Internet websites and online services); (2) revise the definition of "disclosure" as the release of personal information (currently, the release of personal information collected from a child in identifiable form); and (3) apply the prohibitions against collecting personal information from children to online applications and mobile applications directed to children.
Prohibits an operator of a website, online service, online application, or mobile application directed to children or minors, or an operator having actual knowledge that it is collecting information from children or minors, from: (1) using, disclosing to third parties, or compiling personal information collected from children or minors for targeted marketing purposes; and (2) collecting geolocation information in a manner that violates the regulations prescribed under this Act. Defines a "minor" as an individual over the age of 12 and under the age of 18.
Prohibits an operator of a website, online service, or such applications directed to minors from collecting personal information from minors unless such operator has adopted and implemented a Digital Marketing Bill of Rights for Teens that: (1) is consistent with the Fair Information Practices Principles established by this Act; and (2) balances the ability of minors to participate in the digital media culture with the governmental and industry obligation to ensure that such operators do not subject minors to unfair and deceptive surveillance, data collection, or behavioral profiling.
Preempts state or local laws that impose liability for actions by operators that are inconsistent with the treatment of those actions under this Act.
Requires the Federal Trade Commission (FTC) to promulgate regulations that require operators to implement mechanisms that permit users to erase content that is publicly available through their websites, services, or applications and that contains or displays personal information of children or minors.
Sets forth enforcement provisions.