SB 568, as amended, Steinberg. Privacy: Internet: minors.
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.
Existing 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.
This bill wouldbegin insert, on and after January 1, 2015,end insert 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, ifbegin delete the minor cannot legally purchase the product or participate in the service in the State of Californiaend deletebegin insert state or federal law expressly end insertbegin insertprohibits a minor from purchasing the product or serviceend insert. 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 ofbegin delete marketing goods or services that minors cannot legally purchase or engage in the State of California.end deletebegin insert marketing or advertising products or services if state or federal law expressly prohibits a minor from purchasing the product or service. The bill would also make this prohibition applicable to an advertising service that is notified by an operator of an Internet Web site, online service, online application, or mobile application that the site, service, or application is directed to a minor.end insert
The 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 minorbegin insert,
who is a registered user of the operator’s Internet Web site, online service, online application, or mobile application,end insert to removebegin insert, or to request and obtain removal of,end insert content or informationbegin delete submitted to orend deletebegin insert publiclyend insert posted on the operator’s Internet Web site, service, or application by the minor, unless the content or information wasbegin delete submitted orend deletebegin insert publiclyend insert posted by a 3rd partybegin delete orend deletebegin insert,end insert
any other provision of state or federal law requires the operator or 3rd party to maintain the content or information,begin delete andend deletebegin insert
or the operator anonymizes the content or information. The bill wouldend insert require the operator to provide notice to a minor that the minor may remove the content or information, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Chapter 22.1 (commencing with Section 22580)
2is added to Division 8 of the Business and Professions Code, to
3read:
4
(a) An operator of an Internet Web site, online service,
9online application, or mobile application directed to minors or the
10operator of an Internet Web site, online service, online application,
11or mobile application that has actual knowledge that a minor is
P3 1using its Internet Web site, online service, online application, or
2mobile application shall not do any of the following:
3(1) Market or advertise a product or servicebegin insert on the Internet Web
4site, online service, online application, or mobile application
5directed to minors, orend insert
to abegin delete minor, if the minor cannot legally begin insert minor who the operator has actual knowledge is using
6purchase the product or participate in the service in the State of
7California.end delete
8its Internet Web site, online service, online application, or mobile
9application if state or federal law expressly prohibits a minor from
10purchasing the product or service.end insert
11(2) Use, disclose,begin delete orend delete compile, orbegin delete knowinglyend delete allow a third party
12to use, disclose, or compile, the personal information of a minor
13for the purpose of marketingbegin delete goods or services that minors cannot begin insert
or
14legally purchase or engage in in the State of California.end delete
15advertising products or services if state or federal law expressly
16prohibits a minor from purchasing the product or service.end insert
17(b) “Minor” means a natural person under 18 years of agebegin insert who
18resides in the stateend insert.
19(c) This section shall not be construed to require an operator
20of an Internet Web site, online service, online application, or
21mobile application to collect or retain age information about users.
22(d) (1) With respect to marketing or advertising
provided by
23an advertising service, the operator of an Internet Web site, online
24service, online application, or mobile application directed to
25minors shall be deemed to be in compliance with subdivision (a)
26if the operator informs the advertising service that the site, service,
27or application is directed to minors.
28(2) If an advertising service is notified that an Internet Web site,
29online service, online application, or mobile application is directed
30to minors pursuant to paragraph (1), the advertising service shall
31not market or advertise a product or service on the operator’s
32Internet Web site, online service, online application, or mobile
33application that state or federal law expressly prohibits a minor
34from purchasing.
(a) An operator of an Internet Web site, online service,
36online application, or mobile applicationbegin insert directed to minors or an
37operator of an Internet Web site, online service, online application,
38or mobile application that has actual knowledge that a minor is
39using its Internet Web site, online service, online application, or
40mobile applicationend insert shall do all of the following:
P4 1(1) Permit a minor who is abegin insert registeredend insert user of the operator’s
2Internet Web site,begin insert
onlineend insert service,begin insert online application,end insert orbegin insert mobileend insert
3 application to removebegin insert, or to request and obtain removal of,end insert content
4or informationbegin delete submitted to orend deletebegin insert publiclyend insert posted on the operator’s
5begin delete websiteend deletebegin insert Internet Web siteend insert,begin insert
onlineend insert service,begin insert online application,end insert or
6begin insert mobileend insert application by the user.
7(2) Provide notice to a minor who isbegin delete theend deletebegin insert a registeredend insert user of the
8operator’s Internet Web site,begin insert onlineend insert service,begin insert online application,end insert or
9begin insert
mobileend insert application that the minor may removebegin insert, or request and
10obtain removal of,end insert content or informationbegin delete submitted to orend deletebegin insert publiclyend insert
11 posted on the operator’sbegin delete website,end deletebegin insert Internet Web site, onlineend insert service,
12begin insert online application,end insert orbegin insert
mobileend insert application by thebegin insert registeredend insert user.
13(3) Provide clear instructions to a minor who is a registered
14user of the operator’s Internet Web site, online service, online
15application, or mobile application on how the user may request
16and obtain the removal of content or information publicly posted
17on the operator’s Internet Web site, online service, online
18application, or mobile application.
19(3)
end delete
20begin insert(4)end insert Provide notice to a minor who isbegin delete theend deletebegin insert
a registeredend insert user of the
21operator’s Internet Web site,begin insert onlineend insert service,begin insert online application,end insert or
22begin insert
mobileend insert application that the removal described under subdivision
23(b) does not ensure complete or comprehensive removal of the
24content or information begin deletesubmitted to or end deletebegin insert publiclyend insert posted on the
25operator’s Internet Web site,begin insert onlineend insert service,begin insert online application,end insert or
26begin insert mobile end insert application by thebegin insert registeredend insert user.
27(b) An operator or a third party is not required to erase or
28otherwise eliminatebegin insert, or to enable erasure or elimination of,end insert content
29or information inbegin delete either orend deletebegin insert any ofend insert the following circumstances:
30(1) Any other provision of federal or state law requires the
31operator or third party to maintain the content or information.
32(2) The content or information wasbegin delete submittedend deletebegin insert
publicly postedend insert
33 to the operator’s Internet Web site,begin insert onlineend insert service,begin insert online
34application,end insert orbegin insert mobileend insert application by a third party other than the
35minorbegin insert, who is a registeredend insert user, including any content or
36informationbegin delete submittedend deletebegin insert publicly posted end insert by thebegin delete minorend deletebegin insert
registeredend insert
37 user that was republished orbegin delete resubmittedend deletebegin insert repostedend insert by the third
38party.
P5 1(3) The operator anonymizes the content or information posted
2by the minor who is a registered user, so that the minor who is a
3registered user cannot be individually identified.
4(c) This section shall not be construed to limit the authority of
5a law enforcement agency to obtain any content or information
6from an operator as authorized by law or pursuant to an order of
7a court of competent jurisdiction.
8(d) This section shall become operative on January 1, 2015.
end delete9(d) An operator shall be deemed compliant with this section if:
end insertbegin insert
10(1) It renders the content or information posted by the minor
11user no longer visible to other users of the service and the public
12even if the content or information remains on the operator’s servers
13in some form.
14(2) Despite making the original posting by the minor user
15invisible, it remains visible because a third party has copied the
16posting or reposted the content or information posted by the minor.
17(e) This section shall not be construed to require an operator
18or an Internet Web site, online service, online application, or
19mobile application to collect age information about users.
20(f) “Publicly posted” means content or
information that can be
21accessed by a user in addition to the minor who posted the content
22or information, whether the user is a registered user or not, of the
23Internet Web site, online service, online application, or mobile
24application where the content or information is posted.
This chapter shall become operative on January 1,
262015.
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