Amendment H-1269 to HF 712
Relating to social media data collection regarding children under eighteen years of age, providing civil penalties, and including applicability provisions
Never voted on
Filed April 19, 2023 in the House by
What it changes
- Page 1, after line 11 by inserting: “___. “Parent” means a parent, custodian, or guardian or person responsible for a minor.”
- By striking page 1, line 35, through page 2, line 13, and inserting: “___. a. “Social media platform” means an internet site or application open to the public that facilitates all of the following: (1) The creation of public or semi-public user accounts. (2) User communication with other users for the primary purpose of posting information, comments, messages, or images. (3) Public listing of other users with whom an individual shares a user connection within the system. (4) Creation of or posting of viewable content by other users, including but not limited to message boards, chat rooms, landing pages, or main feeds that present a user with content generated by other users. b. “Social media platform” does not include any of the following: (1) An internet service provider. (2) Electronic mail. (3) An online service, application, or internet site that consists primarily of news, sports, entertainment, e-commerce, or other information or content preselected by the provider that is not user-generated and where interactive functionality is incidental to, directly related to, or dependent on the provision of the content. (4) An internet site or application providing career development opportunities, including professional networking, job skills, learning certifications, and job posting application services. (5) An internet site or application that has the primary purpose of providing access to interactive gaming or virtual gaming, or an online service that allows the creation and uploading of content for the purpose of interactive gaming, virtual gaming, or associated entertainment, and communication related to that content.”
- Page 2, before line 14 by inserting: “___. “Verifiable parental consent” means any reasonable effort by a social media platform to ensure that a parent of a child receives notice of the platform’s personal information, collection, use, and disclosure practices, and authorizes the collection, use, and disclosure, as applicable, of personal information and the subsequent use of that information before that information is collected from the child.”
- Page 2, after line 24 by inserting: “___. A social media platform may terminate service provided to a child whose parent has refused to give verifiable parental consent.”
- Page 2, before line 25 by inserting: “Sec. ___. NEW SECTION . 554G.3 Consent not required. Verifiable parental consent shall not be required for any of the following:
- Online contact information collected by a social media platform from a child that is used only to respond directly on a one-time basis to a specific request from the child and is not used to recontact the child and is not maintained in retrievable form by the platform.
- A request by a social media platform for the name or online contact information of a parent or child that is used by the platform for the sole purpose of obtaining verifiable parental consent or providing notice under this chapter that is not maintained in a retrievable form.”
- Page 2, line 25, by striking “554G.3” and inserting “554G.4”
- Page 2, line 30, by striking “554G.4” and inserting “554G.5”
- Page 3, line 1, by striking “operating”
- By renumbering, redesignating, and correcting internal references as necessary.