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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
House: COM W/D | APPROP DPA 18-0-0-0 |
HB 2861: social media protections; minors
Sponsor: Representative Blattman, LD 9
Caucus & COW
Overview
Provides regulations for a social media platform providing an online service, product or feature that is likely to be accessed by a minor.
History
The Children's Online Privacy Protection Act prohibits unfair or deceptive acts or practices in connection with the collection, use and disclosure of personal information from and about children on the internet. Federal rules, as enforced by the Federal Trade Commission, make it unlawful for any operator of a web site or online service directed to children, or any operator that has actual knowledge that it is collecting or maintaining personal information from a child, to collect personal information from a child in a manner that violates specified regulations. An operator is required to: 1) provide notice on the web site or online service of what information it collects from children, how it uses such information, and its disclosure practices for such information; 2) obtain verifiable parental consent prior to any collection, use, and/or disclosure of personal information from children; 3) provide a reasonable means for a parent to review the personal information collected from a child and to refuse to permit its further use or maintenance; 4) not condition a child's participation in a game, the offering of a prize, or another activity on the child disclosing more personal information than is reasonably necessary to participate in such activity; and 5) establish and maintain reasonable procedures to protect the confidentiality, security, and integrity of personal information collected from children.
Provisions
1. Requires each social media platform that provides an online service, product or feature which is likely to be accessed by a minor to:
a) establish default settings that provide a high degree of privacy protections to each user;
b) allow each minor using the service, product or feature to opt out of the collection and use of the minor's personal information, beyond what is necessary; and
c) prohibit the personal information of a minor who uses an online service, product or feature from being used to target advertising to the minor based on the minor's personal information, except the minor's age and location. (Sec. 1)
2. Defines de-identified data, personal information and social media platform. (Sec. 1)
3. Specifies an online service, product or feature does not include a telecommunications service or a broadband interactive access service as defined by federal law. (Sec. 1)
4. Provides a delayed effective date of 90 days after the general effective date. (Sec. 2)
5. Cites this act as "Protecting Children on Social Media Act." (Sec. 3)
Amendments
Committee on Appropriations
1. Applies the regulations to social media platforms that provided online services or products to minors regardless of if such platforms are likely to be accessed by minors.
2. Adds that the Attorney General has the exclusive authority to enforce the regulations and that a violation does not create a private right of action.
3. Includes a definition of minor.
4. Extends the delayed effective date to 180 days after the general effect date.
5. Makes clarifying changes.
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HB 2861
Initials PB Page 0 Caucus & COW
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