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Privacy Rights for California Minors in the Digital World Bill Signed into Law
Practical Law Legal Update 3-542-9325 (Approx. 3 pages)
Privacy Rights for California Minors in the Digital World Bill Signed into Law
by Practical Law Intellectual Property & Technology
| Published on 24 Sep 2013 • USA (National/Federal) |
A bill entited Privacy Rights for California Minors in the Digital World has been signed into law by California Governor Brown. This law aims to protect California minors' online privacy in response to minors' increasing access to digital content and products online.
On September 23, 2013, Governor Brown signed a bill entitled Privacy Rights for California Minors in the Digital World bill (SB 568) into law. This law adds a new chapter to California's State's Business and Professions Code and aims to protect the online privacy of children and teenagers under 18 who live in California. The law takes effect on January 1, 2015.
The primary provisions of the law are Section 22580 and Section 22581. Notable protections in these sections, highlighted in a press release by the bill's sponsor, include (with certain exceptions and qualifications):
- Requiring operators of websites, social media sites and apps to allow anyone under 18 to remove content they previously posted and provide notice to minors that they may erase information they posted.
- Prohibiting operators from compiling, using or disclosing minors' personal information for the purposes of marketing products or services that minors otherwise cannot legally purchase or use.
- Prohibiting operators from displaying advertising for products minors cannot otherwise legally purchase or use to users they know to be under 18 or on sites directed to minors.
The federal Children's Online Privacy Protection Act of 1998 (COPPA) protects children under the age of 13. According to the bill's sponsor, SB 568 aims to supplement and extend COPPA since children's social media and online usage increases with age. The full text of SB 568 is available here.