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How Instagram Collects Child Data Without Parental Consentby@legalpdf
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How Instagram Collects Child Data Without Parental Consent

by Legal PDF: Tech Court CasesNovember 10th, 2023
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The FTC is investigating Instagram for allegedly collecting personal information from child users without obtaining verifiable parental consent, as mandated by COPPA. This includes data such as geolocation information, unique identifiers, photos, and videos. The platform's failure to obtain consent has raised concerns about its compliance with children's online privacy protection laws.

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The United States v Meta Platforms Court Filing October 24, 2023 is part of HackerNoon’s Legal PDF Series. You can jump to any part in this filing here. This is part 38 of 100.

806. Despite Meta’s “actual knowledge” of under-13 users and the fact that Instagram is “directed to children,” Meta does not obtain verifiable parental consent, as required by COPPA, before collecting the personal information of its child users.


807. To obtain verifiable parental consent, Meta would need to (1) first provide notice to the parent of the company’s “personal information collection, use, and disclosure practices,” then (2) obtain the parent’s authorization for the company to “collect[], use, and disclos[e], as applicable . . . personal information and the subsequent use of that information”—all in conformity with the COPPA regulations and all prior to the child’s information being collected. 15 U.S.C. § 6501(9).


808. On information and belief, Meta does not provide sufficient notice on its Instagram websites or Platform, through a prominently posted link or directly to parents, about what information it collects from children, how it uses such information, its disclosure practices, and parents’ rights to review or delete their children’s information


809. [Redacted]


810. Meta nonetheless collects “personal information” from all registered users of Instagram, including all users under the age of 13 on Instagram, without first obtaining verifiable parental consent.


811. Meta collects “personal information” of children through Instagram including, but not limited to, geolocation information, persistent identifiers of the child, unique device identifiers, photos and videos of the child, and other individually identifiable information about each user under the age of 13.



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About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings.


This court case 4:23-cv-05448 retrieved on October 25, 2023, from Washingtonpost.com is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction.