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 userbegin delete, as defined,end delete 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 parent or legal guardian.begin insert The bill would also authorize a social networking Internet Web site to require a request submitted for the removal of personal identifying information to include a specified statement. The bill would not require removal of the personal identifying information if federal or state law otherwise requires the social networking Internet Web site to maintain the information.end 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) A 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 parent or
12legal guardian of the registered user.
13(b) A request submitted by a registered user pursuant to
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subdivision (a) shall include sufficient information to verify the
15identity of the user and shall specify any known location of the
16information that is the subject of the request.
17(c) A social networking Internet Web site may require a request
18submitted by a registered user pursuant to subdivision (a) to
19include the following statement:
20 “I attest that the information in this request is accurate, that I
21am the registered user or the parent or legal guardian of the
22registered user to whom the personal identifying information in
23this request pertains, and that I am authorized to make this request
24under the laws of the State of California.”
25(d) A social networking Internet Web site is not required to
26remove or otherwise eliminate personal identifying information if
27any other provision of federal or state law requires the Internet
28Web site to maintain the information.
29(e) This section shall not be construed to limit the authority of
30a law enforcement agency to obtain any content or information
P3 1from a social networking Internet Web site as authorized by law
2or pursuant to an order of a court of competent jurisdiction.
For purposes of this part:
4(a) “In a timely manner” means within 96 hours of delivery of
5the request.
6(b) “Personal identifying information” means a person’s address,
7telephone number, driver’s license number, state identification
8card number, social security number, employee identification
9number, mother’s maiden name, demand deposit account number,
10savings account number, or credit card number.
11(c) “Registered user” means any person who has created an
12account for purposes of accessing a social networking Internet
13Web
site.
14(d) “Social networking Internet Web site” means an Internet
15Web-based service that allows an individual to construct a public
16or partly public profile within a bounded system, articulate a list
17of other users with whom the individual shares a connection, and
18view and traverse his or her list of connections and those made by
19others in the system.
A social networking Internet Web site that willfully and
21knowingly violates any provision of this part shall be liable for a
22civil penalty, not to exceed ten thousand dollars ($10,000) for each
23violation of this part.
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