Photo of Jenna Zhang

Jenna Zhang

Jenna Zhang advises clients across industries on data privacy, cybersecurity, and emerging technologies. 

Jenna partners with clients to ensure their compliance with the rapidly evolving federal and state privacy and cybersecurity laws. She supports clients in designing new products and services, drafting privacy notices and terms of use, responding to cyber and data security incidents, and evaluating privacy and cybersecurity risks in corporate transactions. In particular, she advises clients on substantive requirements relating to children’s and student privacy, including COPPA, FERPA, age-appropriate design code laws, and social media laws.

As part of her practice, Jenna regularly represents clients in data privacy investigations and enforcement actions brought by the Federal Trade Commission and state attorneys general. She also supports clients in proactive engagement with regulators and policymakers to ensure their perspectives are heard.

Jenna also maintains an active pro bono practice with a focus on supporting families in adoptions, guardianships, and immigration matters.

Contact:Read more about Jenna ZhangEmail

This year has brought significant movement and trends in minors’ privacy legislation on both the state and federal levels. We recap the notable developments below.

Comprehensive Consumer Privacy Legislation

Individual states have continued to enact their own comprehensive consumer privacy legislation this year. All of the state comprehensive consumer privacy laws passed this year incorporate the Children’s Online Privacy Protection Act (“COPPA”) through parental consent and sensitive data processing requirements. Notably, New Hampshire, New Jersey, and Maryland impose additional restrictions on the processing of minors’ personal data for targeted advertising, sales, and profiling. New Hampshire’s legislation prohibits processing of personal data for sales or targeted data “where the controller has actual knowledge or willfully disregards that the consumer is at least 13 and under 16.” Similarly, New Jersey’s comprehensive privacy legislation prohibits processing of personal data for sales, targeted ads, or profiling “where the controller has actual knowledge or willfully disregards that the consumer is at least 13 and under 17.” Maryland contains an outright prohibition on the sale or processing of personal data for targeted advertising “if the controller knew or should have known that the consumer is under 18.”

AADC and COPPA-Style Laws

States have continued to introduce Age Appropriate Design Codes (“AADC”), adding to the sweeping trend that emerged last year. Maryland’s new AADC law is similar to California’s AADC law, but departs notably by not requiring covered entities to implement age-gating and modifying the scope of covered entities to services that are “reasonably likely to be accessed by children.” The DPIA requirement in Maryland’s law focuses on “data management or processing practices” of the online product and specifies the harm that should be evaluated.Continue Reading State and Federal Developments in Minors’ Privacy in 2024

On June 18, 2024, Louisiana enacted HB 577, prohibiting “social media platforms” with more than 1 million users globally from displaying targeted advertising to Louisiana users that the platform has actual knowledge are under 18 years of age and from selling the sensitive personal data of such users. The…

Continue Reading Louisiana Bans Targeted Advertising to Minors on Social Media Platforms

On May 22 the Federal Trade Commission (“FTC”) announced a $6 million settlement with Edmodo, an ed tech provider, for violations of the COPPA Rule and Section 5 of the FTC Act.  The FTC described this settlement as the first FTC order that will prohibit an ed tech provider from…

Continue Reading FTC Announces COPPA Settlement Against Ed Tech Provider Including Strict Data Minimization and Data Retention Requirements

The Northern District of California recently dismissed with prejudice a putative class action lawsuit against Google, which alleged that the company used a secret program called “Android Lockbox” to spy on Android smartphone users.  See Order Granting Motion to Dismiss, Hammerling v. Google LLC, No. 21-cv-09004-CRB (N.D. Cal. December…

Continue Reading Google Wins Final Dismissal In “Android Lockbox” Putative Class Action

On May 19, the Federal Trade Commission (“FTC”) adopted, on a unanimous basis, a policy statement reminding educational technology vendors (“ed tech vendors”) of their duty to comply with the substantive privacy protections of the Children’s Online Privacy Protection Act (“COPPA”) and the Commission-issued COPPA Rule.  The policy statement reiterates the requirements of the Rule and previous informal guidance from Commission staff, and makes clear that ed tech vendors may not submit children to commercial surveillance and data monetization practices when using technology in the classroom.

The FTC’s COPPA Rule, which became effective in 2000 and was most recently amended in 2013, is intended to place parents in control over the information collected from their children online.  A major component of the Rule is that commercial online operators must (1) provide parents with notice of data collection and (2) obtain parental consent before the collection of personal information of children under age 13.

Recognizing the unique benefits of ed tech, the new policy statement reminds ed tech vendors that their compliance with the Rule extends beyond the notice and consent requirement.  Specifically, the FTC intends to scrutinize the activities of ed tech vendors in the following areas:Continue Reading FTC Unanimously Adopts Policy Statement on Education Technology and COPPA