CCPA Explained: Part 9 - Article 5. Special Rules Regarding Minors 

 Oct 15, 2019 1:00 PM
by Derek Lackey

§ 999.330. Minors Under 13 Years of Age

A The process for Opting-In to the Sale of Personal Information:
1 If a business knowingly collects or maintains data of children under the age of 13, it must establish, document and comply with a reasonable method for determining the individual signing for them is their parent. The authorization requires a positive action (checking a box, etc) in addition to the conditions required by the Children’s Online Privacy Protection Act, 15 U.S.C. sections 6501, et seq.
2 The methods of being reasonably certain that the person is the child's guardian:
a  provide a consent form that includes the penalty of perjury that must be signed and in possession of the business before proceeding.
b  require a parent or guardian, in connection to a monetary transaction, to provide a credit card or a secure online payment method.
c having the parent call a trained staff at a 1 800 number.
d  having the parent connect via video-conference to a trained staff member.
e  having a parent communicate in person with a trained staff member.
f   Verify the guardian using any government issued ID as long as it is deleted from the business records as soon as verfication is complete.

B Once a parent is confirmed, they should be informed of their right to opt-out at a later date and be clearly instructed how to do so.

 

§ 999.331. Minors 13 to 16 Years of Age

A   A business that knowingly collects or maintains personal information of minors aged 13 - 16 shall establish, document and comply with a reasonable process for allowing these minors to opt-in to the sale of their information pursuant to Section 999.317 of this Act.

B At the time of opt-in, a business must inform the minor of their right to opt-out at any later date and explain how to do so pursuant to Section 999.315.

 

§ 999.332. Notices to Minors Under 16 Years of Age

A Any business subject to Section 999.330 and 999.331 must include a description of the required processes in it's Privacy Policy.

B A business that targets Minors under the age of 16 and does NOT SELL data, is not required to inform them of their right to opt-out at a future date.

 

CCPA Explained: Article 1 General Provisions - Part 1 - Scope and Definitions

CCPA Explained: Article 2 - Notices to Consumers - Part 2 - Notice at Collection

CCPA Explained: Part 3 The Right to Opt-Out and Offering Financial Incentives

CCPA Explained: Part 4 - Privacy Policy

CCPA Explained: Part 5 - Article 3 -Business Practices for Handling Consumer Requests

CCPA Explained: Part 6 - Article 3 -Business Practices for Handling Consumer Requests

CCPA Explained: Part 7 - Article 3 -Business Practices for Handling Consumer Requests

CCPA Explained: Part 8 - Article 4. Verification of Requests