
As I was doing my weekly grocery shopping this week, I picked a couple bags of candy for Halloween. I don’t have many Trick-or-Treaters in my neighborhood but I never want to be caught empty-handed so I usually opt for the favorites like Reese’s Peanut Butter Cups, made by Hershey Foods. It has been America’s favorite treat for years, mine, too.
While doing research for my Introduction to Digital Marketing Communications class this week, I learned that Hershey was one of at least 10 businesses that have been fined in recent years by the Federal Trade Commission for violating the federal Children’s Online Privacy Protection Act (The Associated Press, 2003, Dobrow, 2006). The FTC in 2003 fined the chocolatier $85,000 for collecting personal information from children on one of several Web sites that market candy and for posting the names and hometowns of children who won online contests, all without receiving proof of parental consent (The Associated Press).
The Children's Online Privacy Protection Act (COPPA), passed in 1998 and adopted in April 2000, restricts the online collection of personally identifiable information from children under the age of 13 (Simmons, 2007). To legally collect such personal information, businesses must obtain verifiable parent consent, provide a means for a parent to review the information, not make providing such information a requirement to participate in a game or collecting a prize, and maintain procedures to protect the confidentiality of information that is collected (Simmons).
No doubt children today are much more techno-savvy than many adult. Yet, nearly a decade after COPPA became law, privacy and kids’ marketing remains a key area of debate in the online world. Lillie Coney, associate director of the Electronic Privacy & Information Center, said the fact that addresses, birthdays and other information can be retained cheaply and easily for decades is reason enough that no data on any minor child should be retained in any database, period (Dobrow). “Young people are not cautious about the information they share with others,” Coney said. “Parents know to tell their kids not to give an answer if a stranger walks up to them and says, ‘Where do you go to school?’But that's exactly what's happening to them on the Internet.”
Although reputable marketers do not set out to harm children, there are those who seek to blur the lines or ignore them altogether, making laws like COPPA necessary. Marketers of child-driven products and other more-widespread services would be wise to follow the law and protect their customers. Failure to do so could ultimately lead to the loss of a marketer’s greatest asset – access to private customer information.
References:
Dobrow, L. (2006, March 13). Privacy Issues Loom for Marketers; Creating Relationships with Kids Under Age 13 Presents Sticky Situations. Advertising Age. Retrieved October 21, 2009, from http://www.lexisnexis.com.www.libproxy.wvu.edu/us/lnacademic/results/docview/docview.do?docLinkInd=true&risb=21_T7671641039&format=GNBFI&sort=RELEVANCE&startDocNo=1&resultsUrlKey=29_T7671641048&cisb=22_T7671641047&treeMax=true&treeWidth=0&csi=8093&docNo=1.
Dolnicar, S. & Jordaan, Y. (2007). A Market-Oriented Approach to Responsibly Managing Information Privacy Concerns in Direct Marketing. Journal of Advertising. 36(2). Retrieved October 21, 2009, from http://web.ebscohost.com.www.libproxy.wvu.edu/bsi/pdf?vid=6&hid=112&sid=49535893-727d-440b-a765-a7f358edac23%40sessionmgr110.
McCarthy, M. (2009, October 8). Halloween Candy Favorites: What Are America's Top Picks for Trick-or-Treat Candy Brands? Suite101.com. Retrieved October 21, 2009, from http://homemanagement.suite101.com/article.cfm/halloween_candy_favorites.
Simmons, C. (2007). Protecting Children While Silencing Them: The Children's Online Privacy Protection Act and Children's Free Speech Rights. Communication Law and Policy. 12 (2). Retrieved October 21, 2009, from http://web.ebscohost.com.www.libproxy.wvu.edu/bsi/detail?vid=5&hid=112&sid=49535893-727d-440b-a765a7f358edac23%40sessionmgr110&bdata=JnNpdGU9YnNpLWxpdmU%3d#db=buh&AN=25183468#db=buh&AN=25183468#db=buh&AN=25183468.
The Associated Press (2003, February 28). Hershey Fined for Violating Children's Privacy Act. Retrieved October 21, 2009, from http://www.lexisnexis.com.www.libproxy.wvu.edu/us/lnacademic/results/docview/docview.do?docLinkInd=true&risb=21_T7671393592&format=GNBFI&sort=RELEVANCE&startDocNo=1&resultsUrlKey=29_T7671394102&cisb=22_T7671394101&treeMax=true&treeWidth=0&csi=304481&docNo=5.



