The CCPA and COPPA: Looking for the “Betwixt and Between”
The California Consumer Privacy Act of 2018, which takes effect January 1, 2020, prohibits businesses from selling the personal information of California residents under the age of 16 without their opt-in consent (or the consent of their parent or guardian for residents under the age of 13). A “sale” is defined broadly to include – subject to certain exceptions – almost any disclosure of personal information, if “for monetary or other valuable consideration.” At the same time, by acquiring age information, businesses risk opening themselves up to increased liability under the longstanding federal Children’s Online Privacy Protection Act.
