Where in the world? Warning letters address geolocation and COPPA coverage

Under the Children’s Online Privacy Protection Rule, online services touted as ways to keep kids connected need to comply with key parental notice and consent provisions of COPPA – especially when they’re collecting children’s geolocation. That’s the message of two warning letters just sent by Federal Trade Commission staff. But the letters send another important message about the reach of COPPA.

Gator Group Co., Ltd., is a company based in China that advertises a device and an app called the Kids GPS Gator Watch, marketed as a “child’s first cell phone.” Among other things, it gives a user the capability to track the child wearing the watch, enable remote voice monitoring, and set an alarm if he or she leaves a geo-fenced safe zone. Stockholm, Sweden-based Tinitell, Inc., markets a mobile phone and app “designed for kids, with calling and smart location features.” Also worn like a watch, the product lets users locate the child, call the child, add contacts, etc.

But according to the letters from FTC staff, both Gator Group and Tinitell appeared to collect children’s precise geolocation, but may not have provided direct notice to parents of their information collection practices. What’s more, it doesn’t look like the companies comply with the COPPA requirement that they get verifiable parental consent before collecting, using or disclosing children’s personal information.