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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
personal data; internet; consent
Purpose
Prohibits a social media or search engine platform (platform) from collecting and storing a user's personal information or search history without the user's consent and details guidelines relating to users under 16 years of age.
Background
Statute defines information technology as all computerized and auxiliary automated information processing, telecommunications and related technology including hardware, software, vendor, equipment and projects (A.R.S § 18-101).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a platform from collecting and storing a user's personal data or search history without the user's consent.
2. Requires a parent of a user who is under 16 years of age to:
a) provide verified consent before a platform account is established for the child;
b) have the ability to limit the amount of usage time of the platform per day and specify the time of day of usage for the child; and
c) preapprove any photo or image of the child before the platform posts or shares the photo or image.
3. Subjects a violating platform to a civil penalty of the greater of $1,000 for each violation or monetary damages.
4. Allows any user or parent of a user alleging a violation to bring an action in superior court for compensatory damages.
Definitions
5. Defines collect as receiving and taking, including by automated means, any personal data including purchasing, leasing, assembling, recording, gathering, acquiring or procuring personal data.
6. Defines consent as 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.
7. Defines personal data as any information that is or can be reasonably linked to an identified or identifiable natural person, not including deidentified data or publicly available information.
8. Defines search engine platform as a software system that is designed to carry out web searches.
9. Defines social media platform as an internet website or application that enables users to communicate with each other by posting information, comments, messages or images.
10. Defines user as a person who is a resident of Arizona and who is acting only in an individual, noncommercial or household context, not including a person who is acting in a commercial or employment context.
11. Becomes effective on the general effective date.
Prepared by Senate Research
February 10, 2022
RA/JM/sr