Maryland Senate Bill SB844

Maryland 2023 Regular Session

• Introduced: 2/6/23
• Refer: 2/6/23

Caption

Consumer Protection – Online Products and Services – Children’s Data

Impact

The implications of SB844 are significant for businesses that produce online products. With the introduction of this legislation, companies will be held accountable for how they handle data related to children. This means they must document the risks associated with their online products and actively work to mitigate any potential harm to children's physical or mental health. Additionally, the bill aligns with growing international consensus on the need for stringent regulations surrounding children's privacy online, positioning Maryland as a state that prioritizes child safety in technology.

Summary

Senate Bill 844, known as the Maryland Age-Appropriate Design Code Act, aims to enhance protections for children's data in the digital space. The bill mandates that any online product likely to be accessed by children must undergo a data protection impact assessment before being offered to the public. This assessment is designed to evaluate risks associated with the data practices of the businesses providing such products. Businesses are also required to ensure robust privacy settings and avoid manipulative design practices that could harm children's well-being. The overarching goal of SB844 is to create a safer online environment for children by prioritizing their unique needs and privacy concerns.

Contention

While the bill aims at improving children's safety online, it may also be met with resistance from businesses that find the requirements burdensome. Criticism may arise concerning the feasibility of complying with the numerous mandates set forth by SB844, including the need for extensive documentation and adherence to privacy settings that are age-appropriate. Furthermore, the requirement to avoid profiling children without stringent justification could be seen as a hindrance to businesses trying to innovate or deliver tailored content to young users. Hence, the act has already sparked discussions about balancing child protection with the operational realities of online service provision.