CDD Challenges FTC’s Ability To Withhold COPPA-Related Information

The Center for Digital Democracy filed a cross-motion for partial summary judgment against the FTC Wednesday with the U.S. District Court for the District of Columbia, challenging the agency’s decision to “withhold certain information requested by CDD under the Freedom of Information Act (FOIA)” related to the Children’s Online Privacy Protection Act (COPPA), the court filing said. The FTC asserted on March 23 in its motion for summary judgment that the information was properly withheld under FOIA Exemptions 3 and 4, the filing said. “CDD concedes that some of the information responsive to its request may be withheld from disclosure,” but “disputes the agency’s exemption claims with respect to a substantial amount of the withheld material,” the filing said. CDD and its predecessor the Center for Media Education, were “instrumental in pushing Congress to enact COPPA in 1998” and continue to be active in the law’s implementation by the FTC, the filing said. In July 2014, CDD submitted a FOIA request for all annual reports submitted by safe harbor programs as required by COPPA including those of Aristotle International, Children’s Advertising Review Unit, Entertainment Software Rating Board, the kidSAFE Seal Program, Privacy Vaults Online and TRUSTe, it said. On Feb. 12, the FTC “produced to CDD, in heavily redacted form, the annual reports,” the filing said. Two pages weren't redacted, 33 were partially redacted and 50 pages were withheld in full, it said. The FTC filed a summary motion March 23 asserting an adequate search for responsive records occurred and asked the court to ratify the withholdings under FOIA Exemptions 3 and 4. The FTC said it withheld information from eight categories of information that are exempt from disclosure: nonpublic interpretations and analysis of the COPPA Rule, self-regulatory assessments not required by COPPA, business development plans, compliance oversight tools and logistics, membership statistics and market shares, member correspondence regarding compliance issues, remediation and disciplinary rates, and the identity of members subject to discipline. CDD disputes the FTC’s ability to withhold information on interpretation and analyses of COPPA, membership statistics and market shares, and remediation and disciplinary rates, the filing said. “CDD does not seek information that would identify any particular safe harbor member, but rather seeks only the aggregated information safe harbor programs are required to submit to the FTC annually,” the filing said. The FTC had no immediate comment.