SB 501, as amended, Corbett. Social networking Internet Web sites: privacy: minors.
Existing law requires an operator of a commercial Internet Web site or online service that collects personally identifiable information through the Internet about individual consumers residing in California who use or visit its site or online service to conspicuously post its privacy policy on its Internet Web site. Existing law also prescribes various prohibitions with regard to disclosures of personal information related to, among other things, driver’s licenses, social security numbers, and direct marketing.
This bill would require a social networking Internet Web site, as defined, to remove the personal identifying information, as defined, of any registered user, as defined, within 96 hours after his or her request and would also require removal of that information in that same manner regarding a user under 18 years of age upon request by the user’s parentbegin insert or legal guardianend insert. The bill would impose a civil penalty, not to exceed $10,000, for each willful and knowing violation of these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Part 2.8 (commencing with Section 60) is added
2to Division 1 of the Civil Code, to read:
3
(a) begin delete(1)end deletebegin delete end deleteA social networking Internet Web site shall remove
7the personal identifying information of a registered user in a timely
8manner upon his or her request. In the case of a registered user
9who identifies himself or herself as being under 18 years of age,
10the social networking Internet Web site shall also remove the
11information in a timely manner upon the request of a parentbegin insert or
12legal guardianend insert of the registered user.
13(2) Notwithstanding subdivision (b) of Section 62, for purposes
14of this subdivision, “personal identifying information” shall not
15include a person’s name.
16(b) A request submitted by a registered user pursuant to
17
subdivision (a) shall include sufficient information to verify the
18identity of the user and shall specify any known location of the
19information that is the subject of the request.
For purposes of this part:
21(a) “In a timely manner” means within 96 hours of delivery of
22the request.
23(b) “Personal identifying information” means a person’s begin deletename,end delete
24 address, telephone number, driver’s license number,begin insert state
25identification card number,end insert social security number, employee
26identification number, mother’s maiden name, demand deposit
27account number, savings account number, or credit card number.
28(c) “Registered user” means any person who has created an
29account for purposes of accessing a social networking Internet
30Web site.
31(d) “Social networking Internet Web site” means an Internet
32Web-based service that allows an individual to construct a public
33or partly public profile within a bounded system, articulate a list
34of other users with whom the individual shares a connection, and
35view and traverse his or her list of connections and those made by
36others in the system.
A social networking Internet Web site that willfully and
38knowingly violates any provision of this part shall be liable for a
P3 1civil penalty, not to exceed ten thousand dollars ($10,000) for each
2violation of this part.
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