New Mexico AG recordsdata a grievance towards Google for alleged violations of COPPA
On November 27, 2020, New Mexico Attorney General Hector Balderas appealed to the US Court of Appeals for the 10th Circuit in the February 20, 2020 lawsuit against Google for alleged child online privacy violations (“COPPA” ) in conjunction with G-Suite for Education (“GSFE”). As previously reported, the US District Court of New Mexico granted Google’s motion for dismissal, alleging that its terms governed GSFE’s collection of data and that it complied with COPPA by providing schools as both ” Agent ”as well as acting as the parent’s representative for parent notification and consent under Federal Trade Commission guidelines.
COPPA prohibits website operators from collecting information from children under the age of 13 without parental consent. According to the FTC’s COPPA FAQs, where operators contract with schools to offer online programs “solely for the benefit of their students and the school system,” schools can “act as parent representatives and consent to the collection of” under COPPA Information for children on behalf of parents. “It emerges from the Frequently Asked Questions that a school’s ability to consent on behalf of parents is limited to the school-approved“ educational context ”(that is, the operator of students’ personal information only for the school’s benefit and benefit for no other collects commercial purposes). Under separate instructions from the FTC, the school may act as an intermediary in cases where consent is required (e.g. when an operator intends to use or disclose the children’s personal information for its own commercial purposes in addition to providing educational services) when giving notice and obtaining parental consent.
The state claimed that Google used GSFE to “spy on the online activities of New Mexico students for their own commercial purposes, without informing their parents and without attempting to obtain parental consent.”