Relating to social media data collection regarding children under eighteen years of age, providing civil penalties, and including applicability provisions

This bill relates to social media data collection regarding children under years of age. The bill defines “child”, “internet site”, “online contact information”, “personal information”, and “social media platform”. The bill defines “online contact information” to mean an electronic mail address or any other substantially similar identifier that permits direct contact with a person online. The bill defines “personal information” to mean individually identifiable information about a child collected online, including the name, telephone number, social security number, or geolocation information of a child. The bill defines “social media platform” to mean an internet site or application that is open to the public, allows a user to create an account, and enables users to communicate with other users for the primary purpose of posting information, comments, messages, or images. The bill prohibits a social media platform from collecting, using, or disclosing personal information regarding a child if the social media platform has actual knowledge that the platform is collecting, using, or disclosing such information, unless a social media platform first obtains verifiable parental consent to the collection, use, or disclosure of such personal information. The bill provides for civil penalties. A social media platform in violation of the bill’s provisions shall be subject to a fine of $1,000 per violation. The fine shall be deposited in the general fund of the state. The bill provides that the attorney general may enforce the provisions of the bill. The bill applies to the collection, use, or disclosure of information by a a social media platform operating in the state on or after the effective date of the bill.