ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: APPROP DPA 12-0-4-1

HB 2858: social media protections; minors

Sponsor: Representative Blattman, LD 9

Caucus & COW

Overview

Outlines requirements for online service providers and social media platforms relating to privacy of minors.

History

A.R.S. Title 18 regulates information technology, including chapters on government information technology, network access, network services and network security.

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRequires each business in Arizona that provides an online service, product or feature that is likely to be accessed by a minor to:

a)   establish default settings that provide the maximum degree of privacy protections to each user;

b)   allow each minor to opt out of the collection and use of the minor's personal information;

c) prohibit targeted advertising using a minor's personal information;

d)   accept a fiduciary duty to prioritize a minor's interest over those of the online platform;

e)   develop content filters to limit cyberbullying on the provider's social media platform. (Sec. 1)

2.   Requires each business that provide access to a social media platform to:

a)   prohibit any user at least 18 years old from sending a message to a minor who is under 18 years old; and

b)   prohibit a minor who is under 16 years old from using the social media platform without first receiving approval from the minor's parent or guardian. (Sec. 1)

3.   Defines de-identified data, personal information and social media platform. (Sec. 1)

4.   Entitles this Act the Protecting Children on Social Media Act. (Sec. 2)

Amendments

Committee on Appropriations

1.   Excludes telecommunications service and broadband interactive service from the list of online services, products or features.

2.   Excludes an Internet-based service that facilitates academic or scholarly research from the definition of social media platform.

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6.                     HB 2858

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