West Virginia 2022 Regular Session

West Virginia Senate Bill SB490

Introduced
1/26/22  

Caption

Expanding online privacy protection for minors

Impact

The bill amends the Code of West Virginia by introducing regulations that enforce strict standards for online marketing directed at minors. This includes a list of products and services that cannot be marketed to individuals under 18, such as alcohol, tobacco, and other controlled substances. By establishing these regulations, SB490 aims to mitigate risks associated with exposure to inappropriate content and advertising targeting minors, ultimately enhancing the overall protection of children using digital platforms.

Summary

Senate Bill 490 focuses on enhancing online privacy protections for minors by prohibiting the marketing or advertising of specific products to individuals under the age of 18. The bill aims to address concerns regarding the use of personal data for marketing purposes directed at children, thereby creating a safer online environment. It mandates operators of websites, online services, or applications that cater to minors to refrain from collecting data related to these users for marketing purposes, as well as to remove any visible personal information about them at the request of the minor user themselves.

Sentiment

The sentiment around SB490 tends to be favorable among child advocacy groups and those concerned with online safety. Supporters argue that this bill is a crucial step toward safeguarding children from predatory marketing practices and ensuring that their personal information remains private. However, there are reservations expressed by industry stakeholders regarding the regulatory burdens that such restrictions could impose on businesses operating in the digital space.

Contention

Notable points of contention include concerns raised by advertisers and digital platform operators about the feasibility of implementing these restrictions while maintaining a level of service and profitability. Critics argue that overly stringent regulations could stifle innovation and limit the effectiveness of free market practices in the online advertising sector, especially when it comes to reaching broader audiences without infringing on the rights of minors.

Companion Bills

No companion bills found.

Previously Filed As

WV HB3161

Relating to online privacy protection for minors

WV HB2964

Relating to online privacy protection for minors

WV HB4168

Relating to online privacy protection for minors

WV HB4325

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

WV SB1418

Children and Teens’ Online Privacy Protection Act

WV HB1082

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

WV SB836

Children and Teens’ Online Privacy Protection Act

WV HB7890

Children and Teens’ Online Privacy Protection Act

WV HB8818

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

WV HB2460

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

Similar Bills

CA AB76

Adult-use marijuana: marketing.

CA SB1390

Social media platforms: amplification of harmful content.

CA AB3067

Internet: marketing: minors: cannabis.

CA AB1950

Consumers: Internet privacy.

NJ A633

Allows certain State agencies to sell Internet advertisements on agencies' websites as pilot program.

NJ A3101

Allows certain State agencies to sell Internet advertisements on agencies' websites as pilot program.

WV HB3161

Relating to online privacy protection for minors

CA SB1165

Substance abuse and mental health services: advertisement and marketing.