Table Of Content
The Working Group will consist of ten persons having expertise in areas such as, children’s data privacy, mental health, computer science and children’s rights. Strong data minimization standards would be established by the ADCA, making it illegal to collect, sell, share, or keep personal data that is not required to deliver the product or service. Children’s Online Privacy Protection Act (COPPA), which provides protections for children aged 13 or under, the CA Kids Code is designed to protect all children under 18 in California. The result of months of hearings and a congressional investigation into tech companies’ handling of children’s safety, after documents were disclosed last year by Facebook whistleblower Frances Haugen.
Privacy Law
The law offers sites an alternative of making data collection for all users follow the standards for minors, but Freeman found that this would also chill legal speech since part of the law’s goal is to avoid targeted advertising that would show objectionable content to children. “Data and privacy protections intended to shield children from harmful content, if applied to adults, will also shield adults from that same content,” Freeman concluded. The California Age Appropriate Design Code Act might matter to a social media company based in New York if it offers services to California residents, as it could require compliance with specific design standards for children's privacy protection. "The law doesn’t provide a mechanism for complying with that requirement, so most likely, every covered company will collect and verify each user’s birthday," Gary said. "We know from COPPA that actual age verification requires highly intrusive data collection, and risks destroying anonymity online and off. Without that data, consumers will simply lie about their ages."
Next Steps for California Businesses
Companies should also be mindful about how the CA AADC interacts with COPPA and other children’s privacy laws. For example, general-audience sites generally don’t need to worry about COPPA unless they have actual knowledge that they are collecting information from a child under 13. Provided to the Attorney General, the Data Protection Impact Assessments must identify the purpose of the online service, product, or feature, how it uses children’s personal information, and the risks of material detriment to children that arise from the data management practices. Freeman cites arguments made by legal writer Eric Goldman, who argued that the law would force sites to erect barriers for children and adults alike.
States Ready to Reboot California-Style Kids' Privacy Proposals - Bloomberg Law
States Ready to Reboot California-Style Kids' Privacy Proposals.
Posted: Wed, 06 Sep 2023 07:00:00 GMT [source]
Groundswell against social media companies’ data management practices
The PPA’s board must appoint the members of the taskforce by April 1, 2023 and would require those members to have expertise in the areas such as privacy and children’s rights. In addition, by April 1, 2024, the PPA must adopt regulations and publish guidelines in consultation with the CDPT. Vance pointed to the DPIA requirement for any new service deemed accessible to children as an immediate compliance hurdle for non-global companies that aren't in line with EU General Data Protection Regulation children's data processing requirements. However, Vance indicated the bill may be "less scary than portrayed" based on its use of CPRA coverage thresholds. The statute requires that businesses configure all default privacy settings provided to children with a “high level of privacy,” although it is not yet clear what this undefined phrase means.
1 Data Protection Impact Assessment
The social media transparency bill aims to clarify platforms' terms of services, including privacy notices, with requirements for more specific disclosures and general information. Notably, the CA and UK AADCs reflect an emerging trend in online safety regulation, with an increasing focus on due diligence obligations and risk assessments. The EU’s Digital Services Act (DSA), Australia’s Online Safety Act (OSA), India’s Intermediary Guidelines, and Singapore’s Online Safety Bill, for example, also require certain providers to be proactive in addressing online safety risks, with an emphasis on the protection of minors.
A lawsuit to invalidate the CA AADC on constitutional grounds was recently filed in federal court, and more challenges may follow. In the meantime, businesses that may be subject to the law when it goes into effect on July 1, 2024, may want to consider if they are in scope and, if so, how this may affect how they design, develop, and provide their online offerings. In the near-term, the Act should cause businesses to improve their privacy practices from design and operational perspectives. While in the longer-term, the Act promises to significantly revitalize the outdated area of children’s online privacy and offer businesses the opportunity to innovate. The California Privacy Protection Agency (CPPA) must publish regulations and guidelines by April 1, 2024 which will be done in consultation with the newly formed California Children’s Data Protection Working Group.
Additionally, the Data Protection Impact Assessment should remain confidential and not disclosed to the public, regardless of any other laws, including the California Public Records Act. In February 2023, the Supreme Court will weigh in and interpret the scope of Section 230 for the first time when hearing Gonzalez v. Google and Twitter v. Taamneh. When reviewing Gonzalez, the Court will consider whether algorithm-generated recommendations should be deemed a platform’s own content and be exempt from the protection of Section 230. On December 14, 2022, NetChoice, a trade association of online businesses, sued the California Attorney General Rob Bonta, challenging the constitutionality of CAADCA. In response to the announcement of the preliminary injunction, supporters of CAADCA, such as Electronic Privacy Information Center, disagreed with the Court’s decision and provided an analysis of the order.
Children's privacy laws and freedom of expression: Lessons from the UK Age-Appropriate Design Code - International Association of Privacy Professionals
Children's privacy laws and freedom of expression: Lessons from the UK Age-Appropriate Design Code.
Posted: Mon, 13 Nov 2023 08:00:00 GMT [source]
Enforcement of the Act begins on July 1, 2024, does not include a private right of action, but permits the Attorney General to issue civil penalties up to $2,500 per affected child for each negligent violation and $7,500 for each intentional violation as well as order injunctions.
The Act ultimately aims to ensure businesses mitigate and eliminate privacy and safety risks for children at the design stage of online services, products, or features – before children can access them. As federal and state policymakers heighten their focus on protecting children’s privacy online, the Future of Privacy Forum (FPF) today released a new policy brief, An Analysis of the California Age-Appropriate Design Code. The new report outlines and analyzes Assembly Bill 2273, the California Age-Appropriate Design Code Act (AADC), a first-of-its-kind privacy-by-design law that represents a significant change in both the regulation of the technology industry and how children will experience online products and services.
On the other hand, organizations that supported the preliminary injunction, such as at the Computer & Communications Industry Association, welcomed the preliminary injunction. The current text of the California Age-Appropriate Design Code Act also allows the AG to offer a 90-day cure period for some businesses before pursuing civil penalties. When pursuing civil penalties for violations, the AG will consider whether the violation is negligent (failure to properly meet requirements of the Act) or intentional (conducting prohibited activities and/or deliberate non-compliance with requirements). Enforcement will be directed by the California Attorney General (AG), with the power to pursue injunctions and/or civil penalties against violating businesses. These assessments must also be maintained as long as the online service, product, or feature is available.
The second one is the “Truth in Elections” bill (aka SB 746) that lets consumers request that a business that collects personal information about them disclose whether or not it is using the personal information for a political purpose. My research into Google’s algorithmic bias during the 2020 California election was cited as part of the motivation behind the bill (see page 6 of the Senate Judiciary Committee analysis here). The third is the ADCA (aka AB 2273) that I will analyze in this blog post that was written and driven by the children advocacy group 5Rights Foundation that was the driving force behind the UK law upon which AB 2273 is based upon. But while companies may find hardships as they digest the bill, the improvements to children's protections are unquestioned. Common Sense Media Policy Counsel Irene Ly said the bill forces companies to re-prioritize, focusing more on kids' health and well-being over profits and engagement. By default, the ADCA would bar a covered company from “collect[ing], sell[ing], or shar[ing] any precise geolocation information of children .
The CA AADC’s notable obligations include requiring providers to configure default privacy settings to a “high level” of privacy; assess whether algorithms, data collection, or targeted advertising systems could harm children; and use clear, age-appropriate language for user-facing information and documents. More generally, the CA AADC states in its legislative findings that businesses should consider the “best interests of children” when designing, developing, and providing online services, products, or features likely to be accessed by children. The Act also establishes the California Children’s Data Protection Working Group, which will study and report to the legislature best practices for implementing the Act. The Working Group will consist of experts in children’s data privacy, physical health, mental health and well-being, computer science, and children’s rights. Commencing on July 1, 2024, the ADCA would require businesses whose online products would likely be accessed by children to comply with specified standards, including considering the best interests of children. Businesses that own these online products would be required to protect children’s data and limit children’s online exposure.
As countries witness a profound transition in the digital landscape, automating privacy and security processes for quick action is essential. Organizations must become even more privacy-conscious in their operations and diligent custodians of their customer's data. Acknowledging the well-being of children is an important government interest, NetChoice nonetheless argues the CAADCA cannot pass the constitutional muster because it “regulates far beyond privacy,” “is not confined to children,” and “is unnecessary to achieve” the privacy goals.
Violators may be subject to a penalty of up to $2,500 per affected child for each negligent violation, and up to $7,500 per affected child for each intentional violation. The Act provides for a potential 90-day cure period, if a covered business substantially complies with the Act. The California Children's Code likely refers to legal provisions or regulations that specifically address the rights, protection, and privacy of children within the state.
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