Privacy Laws Affecting Virtual Visitation And Co-Parenting Apps

Summary

The article highlights key privacy laws, like COPPA, CCPA, HIPAA, and FERPA, that may apply to co-parenting apps and outlines best practices for using these tools safely, such as reviewing privacy policies, maximizing privacy settings, being mindful of oversharing, and having a data breach plan. Real-world scenarios demonstrate the importance of proactively managing privacy rights and preserving records to protect children's digital privacy during co-parenting.

A Guide to Privacy Laws Affecting Virtual Visitation and Co-Parenting Apps

In today's digital age, virtual visitation and co-parenting apps have become increasingly popular tools for divorced or separated parents to communicate, coordinate schedules, share information about their children, and facilitate virtual visits. While these apps offer many benefits in terms of convenience and staying connected, they also raise important privacy concerns. As a divorced parent, it's crucial to understand the privacy laws and best practices for using these apps to protect your family's personal information.

Virtual visitation, also known as virtual parenting time, refers to the use of video chat, instant messaging, and other online communication to allow a non-custodial parent to interact with their child when they can't be there in person. Co-parenting apps are specialized tools designed to help divorced parents manage shared calendars, swap documents and photos, log important information, and communicate. Popular co-parenting apps include Our Family Wizard, Talking Parents, CoParently, and AppClose.

While virtual visitation and co-parenting apps can be extremely helpful, they also create digital records of your family's sensitive personal information, communications, and location data. This data could potentially be breached, hacked, subpoenaed in a legal dispute, or misused if it falls into the wrong hands. It's important to be aware of the privacy risks and take steps to use these apps safely.

Here is a step-by-step guide on the key privacy laws and best practices to keep in mind when using virtual visitation and co-parenting apps:

Step 1: Understand Relevant Privacy Laws

The first step is to familiarize yourself with the main privacy laws that may apply to your use of co-parenting apps and virtual visitation tools:

Children's Online Privacy Protection Act (COPPA): COPPA is a U.S. federal law that requires parental consent for the online collection of personal information from children under 13. Most co-parenting apps are not specifically designed for use by children and require users to be 18+. However, some apps allow parents to set up profiles for their children or share photos/videos of their kids. Be aware that any online service collecting personal info from a child under 13 must comply with COPPA requirements for parental consent and data protection.

California Consumer Privacy Act (CCPA): The CCPA is a state law giving California residents the right to know what personal data is being collected about them and their household, the right to access and delete that data, and the ability to opt-out of the sale of their personal info. If you or your ex live in California, any co-parenting apps you use likely must offer CCPA rights and comply with the law's disclosure and data security requirements.

Health Insurance Portability and Accountability Act (HIPAA): HIPAA sets national standards for protecting the privacy and security of personal health information. Some co-parenting apps have features that may involve the exchange of a child's health data like doctor visits, medication, allergies, etc. In certain cases, these apps may need to comply with HIPAA if they are transmitting protected health information on behalf of a covered entity. However, HIPAA does not typically apply if a parent is simply sharing their child's health info with the other parent via an app.

Family Educational Rights and Privacy Act (FERPA): FERPA is a federal law that protects the privacy of student education records. Some co-parenting apps allow parents to share school-related info like report cards, class schedules, etc. If an app is receiving student records directly from a school, it may need to comply with FERPA's use and disclosure limitations. However, FERPA does not prevent parents from sharing their child's education information with each other.

In addition to these key U.S. laws, be aware of any state-specific privacy laws that may apply in your jurisdiction. Also, if you or your ex reside outside the U.S., look into relevant laws in your country related to children's privacy, consumer data rights, and protection of digital communications.

Step 2: Carefully Review Privacy Policies

Before using any virtual visitation or co-parenting app, carefully review the company's privacy policy and terms of service. Some key things to look for:

• What data is collected: Check what types of personal info the app collects, not just from you but also about your children. Many apps collect names, contact info, and communications. Some may also collect location data, financial info, health/school records you upload, and information shared about your child.
• How data is used: Look at how the app uses the personal data collected. Is it used only to provide the service? For research and product improvement? Is data ever sold or shared with third parties for marketing? Is your info ever disclosed to other users without consent? Can the app publicly post case details?
• Data retention: See if the policy specifies how long your data is kept after you stop using the service. Some apps delete information after a set time, while others retain it indefinitely.
• Security protections: Check if the privacy policy describes security measures used to protect your data, such as encryption, access controls, employee training, etc. The more specifics, the better.
• Your privacy rights: Look for what choices and rights you have regarding your data. Can you access and get a copy of your information? Are there clear ways to delete your data or stop collection? How can you opt-out of data sharing?

If an app's privacy policy is vague, if it allows broad data sharing/selling, or if it lacks details on security, consider it a red flag. Opt for an app with clear, robust privacy and security commitments.

Step 3: Use Privacy and Security Best Practices

When using virtual visitation and co-parenting apps, put these privacy and security best practices into action:

• Maximize privacy settings: Explore all privacy settings and options in the app. Choose the most privacy-protective choices. If available, opt-out of any unnecessary data collection or sharing. Enable additional protections like multi-factor authentication.
• Be mindful what you share: Be thoughtful about the messages, photos, and info you share in the app, especially about your children. Avoid oversharing sensitive details. Keep things focused on co-parenting and visitation matters.
• Never share login credentials: Each parent should have their own login. Don't share passwords, even with a new partner. If you suspect unauthorized access, change your password immediately.
• Use on secure devices: Only access co-parenting apps on secure devices protected with passcodes, security software, and the latest updates. Don't use public or shared devices. Log out when done.
• Download data regularly: Periodically download a copy of your data and communications from the app. This preserves a record, which may be needed in a legal dispute.
• Have a data breach plan: Have a plan with your ex for handling a breach or hack of the co-parenting app. Agree to notify each other ASAP. Be united in protecting your child's privacy.

Step 4: Stay Up-to-Date on App Privacy Changes

Privacy laws and app policies can change over time. To stay informed:

• Watch for app notices: Pay attention to any emails or in-app messages notifying you of privacy policy updates. Don't just ignore or delete them.
• Review policies annually: Make a habit of re-reading the app's privacy policy once a year to check for changes or new issues. If anything seems concerning, follow up with the company.
• Stay informed on laws: Follow privacy news sources and your state's Attorney General to learn about new privacy laws or enforcement actions that may impact the apps you use.
• Be proactive: If you discover a serious privacy concern with an app, alert your ex. Consider filing a complaint with regulators like the FTC or your AG's office. Look into alternative apps.

Putting It All Together: Real-World Scenarios

Here are some real-world examples of how these privacy best practices come into play:

Scenario 1 - Updating privacy settings after a breach: Jennifer uses a popular co-parenting app to communicate with her ex-husband Bob about their daughter Mia's schedule and activities. One day, Jennifer receives an email from the app notifying her of a data breach. She immediately logs in and changes her password. She also goes into the privacy settings and opts-out of any data sharing with third parties that was previously allowed. Jennifer messages Bob through the app about her concerns and suggests they look for a more secure alternative.

Scenario 2 - Deciding what to share: Alex and his ex-wife Emma use a co-parenting app to coordinate visits and share updates about their 8-year-old son Max. One day, Emma uploads Max's doctor's report to the app's medical section, which includes details about his ADHD diagnosis and treatment. Alex is uncomfortable with such sensitive health information being shared in an app, especially since their custody arrangement doesn't require it. He tells Emma he appreciates the update but would prefer she convey that info to him directly rather than putting it in the app. Emma agrees to be more mindful about oversharing personal data.

Scenario 3 - Handling a legal dispute over app records: Cassie and her ex-husband Dan are in a heated custody battle over their 5-year-old son. Dan plans to use records from their co-parenting app in court to try to show that Cassie is uncooperative and disparages him in the app. Cassie is concerned Dan may have manipulated or edited the records. Fortunately, Cassie has regularly downloaded her data from the app, which preserves authentic records and metadata to counter Dan's claims. Her downloads also uncovered that Dan's new wife accessed the app on his account, violating the app's terms and strengthening Cassie's case.

By staying vigilant about privacy rights, carefully using co-parenting apps, advocating for your child's confidentiality, and preserving records, you can harness the benefits of these new co-parenting tools while mitigating the inherent digital risks. Make your child's privacy a top priority in co-parenting, just as you do their physical and emotional wellbeing in this new chapter for your family.

References

• Children's Online Privacy Protection Act (COPPA) - This appears to be a real U.S. federal law about children's online privacy, though the article does not provide a specific legal citation.
• California Consumer Privacy Act (CCPA) - This appears to reference a real California state privacy law, but the article does not include a specific legal citation to verify the details provided about the law's rights and requirements.
• Health Insurance Portability and Accountability Act (HIPAA) - This is a real U.S. federal law related to health information privacy, but the article's description of its limited applicability to co-parenting apps has not been definitively verified.
• Family Educational Rights and Privacy Act (FERPA) - This is a real U.S. federal law on student privacy, but the article does not provide a specific citation for its claims about the scope of the law's protections and limitations.

For more insights, read our Divorce Decoded blog.