SB 568,
as amended, Steinberg. begin deleteInternet: minors: protection. end deletebegin insertPrivacy: Internet: minors.end insert
Existing law requires an operator of a commercial Web site or online service that collects personally identifiable information through the Internet about individual consumers residing in California who use or visit its commercial Web site or online service to make its privacy policy available to consumers, as specified.
end insertbegin insertExisting federal law requires an operator of an Internet Web site or online service directed to a child, as defined, or an operator of an Internet Web site or online service that has actual knowledge that it is collecting personal information from a child to provide notice of what information is being collected and how that information is being used, and to give the parents of the child the opportunity to refuse to permit the operator’s further collection of information from the child.
end insertbegin insertThis bill would prohibit an operator of an Internet Web site, online service, online application, or mobile application, as specified, from marketing or advertising a product or service to a minor, as defined, if the minor cannot legally purchase the product or participate in the service in the State of California. The bill would prohibit an operator from using, disclosing, or compiling, or allowing a 3rd party to knowingly use, disclose, or compile, the personal information of a minor for the purpose of marketing goods or services that minors cannot legally purchase or engage in the State of California.
end insertbegin insertThe bill would, on and after January 1, 2015, require the operator of an Internet Web site, online service, online application, or mobile application to permit a minor to remove content or information submitted to or posted on the operator’s Internet Web site, service, or application by the minor, unless the content or information was submitted or posted by a 3rd party or any other provision of state or federal law requires the operator or 3rd party to maintain the content or information, and require the operator to provide notice to a minor that the minor may remove the content or information, as specified.
end insertExisting federal law requires, among other things, an operator of an Internet Web site or online service directed to children or an operator of an Internet Web site or online service that has actual knowledge that it is collecting personal information from a child to provide notice of what information is being collected, how that information is being used, and to give the parents of the child the opportunity to refuse to permit the operator’s further collection of information from the child.
end deleteThis bill would state the intent of the Legislature to enact legislation that would provide protection on the Internet for minors.
end deleteVote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertChapter 22.1 (commencing with Section 22580)
2is added to Division 8 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert, to
3read:end insert
4
(a) An operator of an Internet Web site, online service,
9online application, or mobile application directed to minors or
10the operator of an Internet Web site, online service, online
11application, or mobile application that has actual knowledge that
12a minor is using its Internet Web site, online service, online
13application, or mobile application shall not do any of the following:
P3 1(1) Market or advertise a product or service to a minor, if the
2minor cannot legally purchase the product or participate in the
3service in the State of California.
4(2) Use, disclose, or compile, or knowingly allow a third party
5to use, disclose, or compile, the personal information of a minor
6for the
purpose of marketing goods or services that minors cannot
7legally purchase or engage in in the State of California.
8(b) “Minor” means a natural person under 18 years of age.
(a) An operator of an Internet Web site, online service,
10online application, or mobile application shall do all of the
11following:
12(1) Permit a minor who is a user of the operator’s Internet Web
13site, service, or application to remove content or information
14submitted to or posted on the operator’s website, service, or
15application by the user.
16(2) Provide notice to a minor who is the user of the operator’s
17Internet Web site, service, or application that the minor may
18remove content or information submitted to or posted on the
19operator’s website, service, or application by the user.
20(3) Provide notice to a minor who
is the user of the operator’s
21Internet Web site, service, or application that the removal
22described under subdivision (b) does not ensure complete or
23comprehensive removal of the content or information submitted
24to or posted on the operator’s Internet Web site, service, or
25application by the user.
26(b) An operator or a third party is not required to erase or
27otherwise eliminate content or information in either or the
28following circumstances:
29(1) Any other provision of federal or state law requires the
30operator or third party to maintain the content or information.
31(2) The content or information was submitted to the operator’s
32Internet Web site, service, or application by a third party other
33than the minor user, including any content or information submitted
34by the minor user that was republished or resubmitted by the
third
35party.
36(c) This section shall not be construed to limit the authority of
37a law enforcement agency to obtain any content or information
38from an operator as authorized by law or pursuant to an order of
39a court of competent jurisdiction.
40(d) This section shall become operative on January 1, 2015.
It is the intent of the Legislature to enact legislation
2that would provide protection on the Internet for minors.
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