ARIZONA HOUSE OF REPRESENTATIVES

Fifty-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

House Engrossed

Overview

Provides regulations for a social media platform providing an online service, product or feature to 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 to a minor to:

a) establish settings that provide a high degree of privacy protections to each minor;

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 reasonably necessary and proportionate to provide the online service, product or feature; and

c) not target advertising to the minor based on the minor's personal information, except the minor's age and location. (Sec. 1)

2. Specifies the Attorney General has the exclusive authority to enforce the regulations and that a violation of the regulations does not create a private right of action. (Sec. 1)

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

4. 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)

5. Provides a delayed effective date of 180 days after the general effective date. (Sec. 2)

6. Cites this act as "Protecting Children on Social Media Act." (Sec. 3)

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10. HB 2861

11. Initials PB Page 0 House Engrossed

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