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SB-501 Social networking Internet Web sites: privacy: minors.(2013-2014)

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SB501:v95#DOCUMENT

Amended  IN  Assembly  June 05, 2013
Amended  IN  Senate  April 30, 2013
Amended  IN  Senate  April 15, 2013
Amended  IN  Senate  April 09, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Senate Bill No. 501


Introduced by Senator Corbett

February 21, 2013


An act to add Part 2.8 (commencing with Section 60) to Division 1 of the Civil Code, relating to privacy.


LEGISLATIVE COUNSEL'S DIGEST


SB 501, as amended, Corbett. Social networking Internet Web sites: privacy: minors.
Existing law requires an operator of a commercial Internet Web site or online service that collects personally identifiable information through the Internet about individual consumers residing in California who use or visit its site or online service to conspicuously post its privacy policy on its Internet Web site. Existing law also prescribes various prohibitions with regard to disclosures of personal information related to, among other things, driver’s licenses, social security numbers, and direct marketing.
This bill would require a social networking Internet Web site, as defined, to remove the personal identifying information, as defined, of any registered user that is accessible online, within 96 hours after his or her request and would also require removal of that information in that same manner regarding a user under 18 years of age upon request by the user’s parent or legal guardian. The bill would also authorize a social networking Internet Web site to require a request submitted for the removal of personal identifying information to include a specified statement. The bill would not require removal or elimination of the personal identifying information if federal or state law otherwise requires the social networking Internet Web site to maintain the information. The bill would impose a civil penalty, not to exceed $10,000, for each willful and knowing violation of these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Part 2.8 (commencing with Section 60) is added to Division 1 of the Civil Code, to read:

PART 2.8. SOCIAL NETWORKING PRIVACY ACT

60.
 (a) A social networking Internet Web site shall remove the personal identifying information of a registered user that is accessible online in a timely manner upon his or her request. In the case of a registered user who identifies himself or herself as being under 18 years of age, the social networking Internet Web site shall also remove the information in a timely manner upon the request of a parent or legal guardian of the registered user.
(b) A request submitted by a registered user pursuant to subdivision (a) shall include sufficient information to verify the identity of the user and shall specify any known location of the information that is the subject of the request.
(c) A social networking Internet Web site may require a request submitted by a registered user pursuant to subdivision (a) to include the following statement:
 
“I attest that the information in this request is accurate, that I am the registered user or the parent or legal guardian of the registered user to whom the personal identifying information in this request pertains, and that I am authorized to make this request under the laws of the State of California.”
 
(d) A social networking Internet Web site is not required to remove or otherwise eliminate personal identifying information if any other provision of federal or state law requires the Internet Web site to maintain the information.
(e) This section shall not be construed to limit the authority of a law enforcement agency to obtain any content or information from a social networking Internet Web site as authorized by law or pursuant to an order of a court of competent jurisdiction.

62.
 For purposes of this part:
(a) “In a timely manner” means within 96 hours of delivery of the request.
(b) “Personal identifying information” means a person’s street address, telephone number, driver’s license number, state identification card number, social security number, employee identification number, mother’s maiden name, demand deposit account number, savings account number, or credit card number.
(c) “Registered user” means any person who has created an account for purposes of accessing a social networking Internet Web site.
(d) “Social networking Internet Web site” means an Internet Web-based service that allows an individual to construct a public or partly public profile within a bounded system, articulate a list of other users with whom the individual shares a connection, and view and traverse his or her list of connections and those made by others in the system.

65.
 (a) A social networking Internet Web site that willfully and knowingly violates any provision of this part shall be liable for a civil penalty, not to exceed ten thousand dollars ($10,000) for each violation of this part.
(b) Nothing in this part shall be construed to allow the imposition of a civil penalty for an unintentional violation of a provision of this part.