|
REFERENCE TITLE: personal data; internet; consent |
|
State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
|
|
SB 1495 |
|
|
|
Introduced by Senator Mesnard
|
AN ACT
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 18, Arizona Revised Statutes, is amended by adding chapter 7, to read:
CHAPTER 7
PERSONAL DATA PROTECTION
ARTICLE 1. GENERAL PROVISIONS
18-701. Definitions
In this article, unless the context otherwise requires:
1. "Collect" means receiving and taking, including by automated means, any personal data, including purchasing, leasing, assembling, recording, gathering, acquiring or procuring personal data.
2. "Consent" means a clear, affirmative act signifying a specific, informed and unambiguous indication of a user's agreement, such as by a written statement or other clear affirmative action.
3. "Personal data":
(a) Means any information that is or can reasonably be linked to an identified or identifiable natural person.
(b) Does not include deidentified data or publicly available information.
4. "Search engine platform" means a software system that is designed to carry out web searches.
5. "Social media platform" means an internet website or application that enables users to communicate with each other by posting information, comments, messages or images.
6. "User":
(a) Means a person who is a resident of this state and who is acting only in an individual, noncommercial or household context.
(b) Does not include a person who is acting in a commercial or employment context.
18-702. User rights; personal data
A social MEDIA PLATFORM OR SEARCH ENGINE PLATFORM may NOT COLLECT AND STORE A USER'S PERSONAL DATA OR SEARCH HISTORY WITHOUT THE User's CONSENT.
18-703. Parental consent; requirements
A parent of a user who is under sixteen years of age:
1. must consent before a social media platform or search engine platform account is established for the parent's child. The parental consent must be verified.
2. must have the ability to limit the amount of usage time of the social media platform or search engine platform per day and specify the time of day of usage for the parent's child.
3. Must PREAPPROVE any photo or image of the parent's child before the social media platform or search engine platform posts or shares the photo or image.
18-704. Civil penalty; private right of action
A SOCIAL MEDIA PLATFORM OR SEARCH ENGINE PLATFORM THAT VIOLATES THIS article IS SUBJECT TO A CIVIL PENALTY OF $1,000 FOR EACH VIOLATION OR MONETARY DAMAGES, WHICHEVER IS GREATER. ANY USER OR PARENT OF A USER ALLEGING A VIOLATION OF THIS article MAY BRING AN ACTION IN SUPERIOR COURT FOR COMPENSATORY DAMAGES.