Digital Kids Books Privacy Policy – Clear as Mud

By Mary A Livingston

The story app accessed my camera.

    While reading the 2014 Digital Book Award Finalists in the children’s category, I was focused on how the digital application delivered literary content. Then to my surprise, my personal live image appeared within an illustration of Little Red Riding Hood, Nosy Crow, picture book app. I searched the menu looking for the privacy policy as well as how to opt out of that particular feature. I finally found my way to the “grownup” section. The app linked to the internet for the privacy policy. There wasn’t an opt out option, nor was there information about the use of my image. This experience left a knot in the pit of my stomach.

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Finding the "Grown-ups" section.

    So who sees or uses the pictures of my kids? My grandkids? What other information might be transmitted?   
    As I investigated the privacy policy of all finalists, I discovered a wide variation in privacy policies, permissions and ease of finding the information within the app. Some international titles didn’t include a privacy policy at all.
    The U.S. Federal Trade Commission (FTC) Children's Online Privacy Protection Act (COPPA), effective April 21, 2000 addresses online collection of personal information from children under 13. Technology has evolved quite a bit since then.  
    The FTC 2012 Staff Report, “Mobile Apps for Kids: disclosures Still Not Making the Grade” highlighted the need for transparency in the mobile marketplace. 

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The plainly stated privacy policy in Captain Underpants, Scholastic.

    The COPPA Rule changes taking effect July 1, 2013, addressed updated technology such as “apps” directed to children under 13. Under the 2013 rule changes, the definition of “personal information” expanded to include photo or video of a child’s image, or audio file with a child’s voice.
Parental consent and notice are required for the collection of personal information from a child.
     From the COPPA Rule 2013 description, it would appear that permission was required for the in-app photo collection since the app is by design for a child. However, the FTC article “Complying with COPPA: Frequently Asked Questions” states:

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My app is directed to children.  A child can upload photos into the app and manipulate and decorate the photos in different ways, but the app does not transmit any personal information (photos or otherwise) from the child’s device.  Am I “collecting” personal information because the child is interacting with a photo stored on the device?

No.  You are not collecting personal information simply because your app interacts with personal information that is stored on the device and is never transmitted. 

KNOW What's Inside™ recommends privacy icons by Operatio Apps.

    So, unless the app is transmitting the photo, it is not a violation. But, how do I know it’s not transmitting the photo? The privacy policy didn’t address photos or other in app data collection. So I don’t know.

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     Adults are perfectly capable of making decisions to accept terms, turn off features or not purchase a product that doesn’t respect their privacy. Children, however, are in a protected class when it comes to privacy issues.
    Parents need to know how information is collected, how it’s stored, and if it’s transmitted. If you question the privacy policy of child-directed digital media, look for the privacy policy. If it’s not clear, ask for clarification. Organizations, such as Moms with Apps, list developers adhering to best practices policies.
    If you’re digital book author or illustrator, you should know the privacy policy associated with your title. I know I’ll be insisting on an easy to access, COPPA compliant, transparent policy when my digital titles are released.
    For the consumer, I know it’s a hassle, but read the privacy policy. Know how to disable or allow interactions on your device. Preview how the digital book interacts with your child first. The best protector of children’s privacy is well-informed parents or guardians.

I'd love to know if you read the privacy policy of digital book apps, comment below or take this poll.

To find out more about COPPA:

Original COPPA http://www.coppa.org/coppa.htm
COPPA Rule Changes http://www.gpo.gov/fdsys/pkg/FR-2013-01-17/pdf/2012-31341.pdf
COPPA FAQ http://www.business.ftc.gov/documents/0493-Complying-with-COPPA-Frequently-Asked-Questions

Mary A Livingston is an award winning illustrator, photographer, author and designer. She believes that today is an exciting and challenging time in the children’s book industry as the digital market finds its way alongside traditional printed books. Beginning in Fall 2014 she will be teaching a CBA course Using InDesign for Picture Book Dummies and eBooks that will make this complex but extremely helpful program accessible for creatives.
       Born in Hoopa, she grew up in the forested communities of Humboldt and Trinity Counties of Northern California. She attended Shasta College, Humboldt State University, and Loyola University. She has also worked in education, photography, and liturgical design. She and her husband, Tim, have two sons and three grandchildren.
    You can find out more about Mary at www.maryalivingston.com

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