West Virginia 2022 Regular Session

West Virginia House Bill HB4325

Introduced
1/21/22  

Caption

Providing online privacy protection laws for children under 18 years of age

Impact

The legislation is poised to significantly impact how businesses and online service providers interact with children and collect data. It places legal accountability on operators, requiring them to transparently disclose their data collection practices and obtain consent from parents before any data collection occurs. The provisions categorize specific actions as unlawful, enhancing the protections available to young internet users. Furthermore, it empowers the Attorney General to enforce these regulations and provides a framework for penalties against violators, thus underlining the importance of safeguarding children's online privacy.

Summary

House Bill 4325 aims to enhance online privacy protection for children under the age of 18 in West Virginia. The bill seeks to amend existing laws by establishing specific guidelines for the collection and use of personal information from children, ensuring that operators of websites and online services directed to children adhere to strict rules. The bill focuses on defining terms like 'operator', 'child', and 'personal information', and emphasizes the need for verifiable parental consent prior to collecting data from minors. This move comes in alignment with existing federal laws, such as the Children's Online Privacy Protection Act (COPPA).

Sentiment

The overall sentiment surrounding HB 4325 is largely positive among those advocating for children's rights and data protection. Supporters commend the bill for addressing the pressing need for enhanced privacy protections in an increasingly digital world where children are regular internet users. However, there are concerns among some businesses regarding compliance costs and operational feasibility, particularly for smaller entities that may find the regulations burdensome. The dialogue underscores a balancing act between protecting children and allowing businesses to innovate and operate effectively.

Contention

One of the notable points of contention surrounding HB 4325 revolves around the implementation and regulatory burden it places on online operators, particularly regarding the requirement for verifiable parental consent. Critics argue that this could complicate the user experience for both children and parents. Additionally, there are concerns related to enforcement, as operators may be liable for violations under broad interpretations of the proposed rules. This presents challenges, especially in cases where operators may inadvertently violate the regulations without malicious intent.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2460

Providing online privacy protection laws for children under 18 years of age

WV HB4718

Providing online privacy protection laws for children under 18 years of age

WV SB1418

Children and Teens’ Online Privacy Protection Act

WV HB7890

Children and Teens’ Online Privacy Protection Act

WV SB836

Children and Teens’ Online Privacy Protection Act

WV HB8818

American Privacy Rights Act of 2024 Children’s Online Privacy Protection Act 2.0

WV HB1717

To Create The Arkansas Children And Teens' Online Privacy Protection Act.

WV HB1082

To Create The Arkansas Children And Teens’ Online Privacy Protection Act.

WV SB490

Expanding online privacy protection for minors

WV SB041

Privacy Protections for Children's Online Data

Similar Bills

WV HB4718

Providing online privacy protection laws for children under 18 years of age

WV HB2460

Providing online privacy protection laws for children under 18 years of age

RI H5830

Requires that any covered entity that develops/provides online services, products, or features that children are reasonably likely to access shall consider the best interest of children when designing/developing such online service, product, or feature.

RI S0903

Requires that any covered entity that develops/provides online services, products, or features that children are reasonably likely to access shall consider the best interest of children when designing/developing such online service, product, or feature.

MD HB901

Consumer Protection - Online Products and Services - Children's Data

VA SB361

Consumer Data Protection Act; protections for children.

VA HB707

Consumer Data Protection Act; protections for children.

PA HB1879

Providing for duties of covered entities to protect the best interests of children that use online services, products or features and for data protection impact assessments; prohibiting certain actions by covered entities; and imposing penalties.