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 insert that is accessible online,end insert 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. 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 removalbegin insert or eliminationend insert of the personal identifying information if federal or state law otherwise requires the social networking Internet Web site to maintain the information. 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 userbegin insert that is
8accessible onlineend insert in a timely manner upon his or her request. In
9the case of a registered user who identifies himself or herself as
10being under 18 years of age, the social networking Internet Web
11site shall also remove the information in a timely manner upon the
12request of a parent or legal guardian of the registered user.
13(b) A request submitted by a registered user pursuant to
14
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 include
19the following statement:
20
end insert
21 “I attest that the information in this request is accurate, that I am
22the registered user or the parent or legal guardian of the registered
23user to whom the personal identifying information in this request
24pertains, and that I am authorized to make this request under the
25laws of the State of
California.”
26
end insert
27(d) A social networking Internet Web site is not required to
28remove or otherwise eliminate personal identifying information if
P3 1any other provision of federal or state law requires the Internet
2Web site to maintain the information.
3(e) This section shall not be construed to limit the authority of
4a law enforcement agency to obtain any content or information
5from a social networking Internet Web site as authorized by law
6or pursuant to an order of a court of competent jurisdiction.
For purposes of this part:
8(a) “In a timely manner” means within 96 hours of delivery of
9the request.
10(b) “Personal identifying information” means a person’sbegin insert streetend insert
11 address, telephone number, driver’s license number, state
12identification card number, social security number, employee
13identification number, mother’s maiden name, demand deposit
14account number, savings account number, or credit card number.
15(c) “Registered user” means any person
who has created an
16account for purposes of accessing a social networking Internet
17Web site.
18(d) “Social networking Internet Web site” means an Internet
19Web-based service that allows an individual to construct a public
20or partly public profile within a bounded system, articulate a list
21of other users with whom the individual shares a connection, and
22view and traverse his or her list of connections and those made by
23others in the system.
begin insert(a)end insertbegin insert end insertA social networking Internet Web site that willfully
25and knowingly violates any provision of this part shall be liable
26for a civil penalty, not to exceed ten thousand dollars ($10,000)
27for each violation of this part.
28(b) Nothing in this part shall be construed to allow the
29imposition of a civil penalty for an unintentional violation of a
30provision of this part.
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