Google, YouTube Said to Face Lawsuit in US for Violating Privacy of Children Under Age 13

A US appeals court on Wednesday revived a lawsuit accusing Alphabet's Google and several other companies of violating the privacy of children under age 13 by tracking their YouTube activity without parental consent, in order to send them targeted advertising.

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The 9th US Circuit Court of Appeals in Seattle said Congress did not intend to pre-empt state law-based privacy claims by adopting the federal Children's Online Privacy Protection Act, or COPPA.

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That law gives the Federal Trade Commission and state attorneys general, but not private plaintiffs, the authority to regulate the online collection of personal data about children under age 13.

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The lawsuit alleged that Google's data collection violated similar state laws, and that YouTube content providers such as Hasbro, Mattel, the Cartoon Network, and DreamWorks Animation lured children to their channels, knowing that they would be tracked.

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In July 2021, US District Judge Beth Labson Freeman in San Francisco dismissed the lawsuit, saying the federal privacy law pre-empted the plaintiffs' claims under California, Colorado, Indiana, Massachusetts, New Jersey, and Tennessee law.

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But in Wednesday's 3-0 decision, Circuit Judge Margaret McKeown said the federal law's wording made it "nonsensical" to assume Congress intended to bar the plaintiffs from invoking state laws targeting the same alleged misconduct.

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Google, YouTube Said to Face Lawsuit in US for Violating Privacy of Children Under Age 13

Google, others said to have tracked the YouTube activity of children under 13 without parental consent.

Brought to you by Trickyenough

A US appeals court on Wednesday revived a lawsuit accusing Alphabet's Google and several other companies of violating the privacy of children under age 13 by tracking their YouTube activity without parental consent, in order to send them targeted advertising.

Brought to you by Trickyenough

The 9th US Circuit Court of Appeals in Seattle said Congress did not intend to pre-empt state law-based privacy claims by adopting the federal Children's Online Privacy Protection Act, or COPPA.

Brought to you by Trickyenough

That law gives the Federal Trade Commission and state attorneys general, but not private plaintiffs, the authority to regulate the online collection of personal data about children under age 13.

Brought to you by Trickyenough

The lawsuit alleged that Google's data collection violated similar state laws, and that YouTube content providers such as Hasbro, Mattel, the Cartoon Network, and DreamWorks Animation lured children to their channels, knowing that they would be tracked.

Brought to you by Trickyenough

In July 2021, US District Judge Beth Labson Freeman in San Francisco dismissed the lawsuit, saying the federal privacy law pre-empted the plaintiffs' claims under California, Colorado, Indiana, Massachusetts, New Jersey, and Tennessee law.

Brought to you by Trickyenough

But in Wednesday's 3-0 decision, Circuit Judge Margaret McKeown said the federal law's wording made it "nonsensical" to assume Congress intended to bar the plaintiffs from invoking state laws targeting the same alleged misconduct.

Brought to you by Trickyenough