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AB-3212 The Parent’s Accountability and Child Protection Act. (2019-2020)

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Date Published: 02/21/2020 09:00 PM
AB3212:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3212


Introduced by Assembly Member Cunningham
(Coauthor: Assembly Member Wicks)

February 21, 2020


An act to add Section 1798.99.2 to the Civil Code, relating to business.


LEGISLATIVE COUNSEL'S DIGEST


AB 3212, as introduced, Cunningham. The Parent’s Accountability and Child Protection Act.
Existing federal law requires an operator of an internet website or online service directed to a child, as defined, or an operator of an internet website 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.
Existing law prohibits an operator of an internet website, online service, online application, or mobile application, as specified, from marketing or advertising specified types of products or services to a minor. Existing law, the Parent’s Accountability and Child Protection Act, requires a person or business that conducts business in California and that seeks to sell specified products or services to take reasonable steps, as specified, to ensure that the purchaser is of legal age at the time of purchase or delivery, including, but not limited to, verifying the age of the purchaser.
Existing law prohibits a business from selling the personal information of consumers if the business has actual knowledge that the consumer is less than 16 years of age, unless the consumer, in the case of consumers between 13 and 16 years of age, or the consumer’s parent or guardian, in the case of consumers who are less than 13 years of age, has affirmatively authorized the sale of the consumer’s personal information. Existing law specifies that this right may be referred to as the “right to opt-in.”
This bill would prohibit a person or business that conducts business in California, that operates a social media internet website or application that requires opt-in consent before selling a minor’s personal information, to obtain consent to sell the minor’s personal information in a manner that is separate from the social media internet website’s or application’s general terms and conditions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 1798.99.2 is added to the Civil Code, immediately following Section 1798.99.1, to read:

1798.99.2.
 (a) A person or business that conducts business in California, that operates a social media internet website or application that requires opt-in consent pursuant to subdivision (c) of Section 1798.120 before selling a minor’s personal information, as defined in Section 1798.140, shall obtain consent to sell the minor’s personal information in a manner that is separate from the social media internet website’s or application’s general terms and conditions.
(b) The failure of a parent to provide the parental consent to the sale, as defined in Section 1798.140, of the minor’s personal information shall not result in any minor being denied access to the social media internet website or application.
(c) Parental consent shall not be obtained through the minor.