Maryland 2024 Regular Session

Maryland Senate Bill SB571 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 460
2	1
3		-	– 1 –
4		-	Chapter 460
5		-	(Senate Bill 571)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	sb0571
8	10
9		-	Consumer Protection – Online Products and Services – Data of Children
10		-	(Maryland Kids Code)
	11	+	SENATE BILL 571
	12	+	I3, S1 (4lr1822)
	13	+	ENROLLED BILL
	14	+	— Finance/Economic Matters —
	15	+	Introduced by Senators Kramer, Hester, and West
11	16
12		-	FOR the purpose of requiring a covered entity that offers an online product reasonably
13		-	likely to be accessed by children to complete a certain data protection impact
14		-	assessment under certain circumstances; requiring certain privacy protections for
15		-	certain online products; prohibiting certain data collection and sharing practices;
16		-	authorizing certain monitoring practices; and generally relating to the protection of
17		-	online privacy of children.
	17	+	Read and Examined by Proofreaders:
18	18
19		-	BY repealing and reenacting, with amendments,
20		-	Article – Commercial Law
21		-	Section 13–301(14)(xl)
22		-	Annotated Code of Maryland
23		-	(2013 Replacement Volume and 2023 Supplement)
	19	+	_______________________________________________
	20	+	Proofreader.
	21	+	_______________________________________________
	22	+	Proofreader.
24	23
25		-	BY repealing and reenacting, without amendments,
26		-	Article – Commercial Law
27		-	Section 13–301(14)(xli)
28		-	Annotated Code of Maryland
29		-	(2013 Replacement Volume and 2023 Supplement)
	24	+	Sealed with the Great Seal and presented to the Governor, for his approval this
30	25
31		-	BY adding to
32		-	Article – Commercial Law
33		-	Section 13–301(14)(xlii); and 14–4601 through 14–4612 14–4613 to be under the new
34		-	subtitle “Subtitle 46. Maryland Age–Appropriate Design Code Act”
35		-	Annotated Code of Maryland
36		-	(2013 Replacement Volume and 2023 Supplement)
	26	+	_______ day of _______________ at _________________ _______ o’clock, ________M.
37	27
38		-	Preamble
	28	+	______________________________________________
	29	+	President.
39	30
40		-	WHEREAS, The United Nations Convention on the Rights of the Child recognizes
41		-	that children need special safeguards and care in all aspects of their lives, specifying how
42		-	children’s rights apply in the digital environment in General Comment No. 25; and
	31	+	CHAPTER ______
43	32
44		-	WHEREAS, As children spend more of their time interacting with the online world,
45		-	the impact of the design of online products on their well–being has become a focus of
46		-	significant concern; and
47		-	Ch. 460 2024 LAWS OF MARYLAND
	33	+	AN ACT concerning 1
48	34
49		-	– 2 –
50		-	WHEREAS, There is widespread agreement at the international level, and
51		-	bipartisan agreement in the United States, that more needs to be done to create a safer
52		-	online space for children to learn, explore, and play; and
	35	+	Consumer Protection – Online Products and Services – Data of Children 2
	36	+	(Maryland Kids Code) 3
53	37
54		-	WHEREAS, Lawmakers around the globe have taken steps to enhance privacy
55		-	protections for children based on the understanding that, in relation to data protection,
56		-	greater privacy necessarily means greater security and well–being; and
	38	+	FOR the purpose of requiring a covered entity that offers an online product reasonably 4
	39	+	likely to be accessed by children to complete a certain data protection impact 5
	40	+	assessment under certain circumstances; requiring certain privacy protections for 6
	41	+	certain online products; prohibiting certain data collection and sharing practices; 7
	42	+	authorizing certain monitoring practices; and generally relating to the protection of 8
	43	+	online privacy of children. 9
57	44
58		-	WHEREAS, Children should be afforded protections not only by online products and
59		-	services specifically directed at them, but by all online products they are likely to access,
60		-	and thus covered entities should take into account the unique needs of different age ranges,
61		-	including the following developmental stages: 0 to 5 years of age, or “preliterate and early
62		-	literacy”; 6 to 9 years of age, or “core primary school years”; 10 to 12 years of age, or
63		-	“transition years”; 13 to 15 years of age, or “early teens”; and 16 to 17 years of age, or
64		-	“approaching adulthood”; and
	45	+	BY repealing and reenacting, with amendments, 10
	46	+	Article – Commercial Law 11
	47	+	Section 13–301(14)(xl) 12
	48	+	Annotated Code of Maryland 13
	49	+	(2013 Replacement Volume and 2023 Supplement) 14 2 SENATE BILL 571
65	50
66		-	WHEREAS, While it is clear that the same data protection regime may not be
67		-	appropriate for children of all ages, children of all ages should nonetheless be afforded
68		-	privacy and protection, and online products should adopt data protection regimes
69		-	appropriate for children of the ages likely to access those products; and
70	51
71		-	WHEREAS, According to the Pew Research Center, in 2022, 97% of American
72		-	teenagers aged 13–17 used the Internet every day, with 46% responding they used the
73		-	Internet almost constantly; and, additionally, 36% of teens reported being concerned about
74		-	their social media use, while an earlier Pew Research Center study found that 59% of teens
75		-	have been bullied or harassed online; and
76	52
77		-	WHEREAS, The findings of the Pew Research Center are not surprising, given what
78		-	is known about controllers’ use of personal data and how it is utilized to inform
79		-	manipulative practices, to which children are particularly vulnerable; and
	53	+	BY repealing and reenacting, without amendments, 1
	54	+	Article – Commercial Law 2
	55	+	Section 13–301(14)(xli) 3
	56	+	Annotated Code of Maryland 4
	57	+	(2013 Replacement Volume and 2023 Supplement) 5
80	58
81		-	WHEREAS, Online products that are likely to be accessed by children should offer
82		-	strong privacy protections that, by design, prevent the use of children’s personal data to
83		-	offer elements that the covered entity offering the online product knows, or has reason to
84		-	know, are likely to be materially detrimental to the physical health, mental health, or
85		-	well–being of children; and
	59	+	BY adding to 6
	60	+	Article – Commercial Law 7
	61	+	Section 13–301(14)(xlii); and 14–4601 through 14–4612 14–4613 to be under the new 8
	62	+	subtitle “Subtitle 46. Maryland Age–Appropriate Design Code Act” 9
	63	+	Annotated Code of Maryland 10
	64	+	(2013 Replacement Volume and 2023 Supplement) 11
86	65
87		-	WHEREAS, Ensuring robust privacy, and thus safety, protections for children by
88		-	design is consistent with federal safety laws and policies applied to children’s products,
89		-	regulating everything from toys to clothing to furniture and games; and
	66	+	Preamble 12
90	67
91		-	WHEREAS, The consumer protections that federal safety laws apply to children’s
92		-	products require these products to comply with certain safety standards by their very
93		-	design, so that harms to children, and in some cases other consumers, are prevented; and
94		-	WES MOORE, Governor Ch. 460
	68	+	WHEREAS, The United Nations Convention on the Rights of the Child recognizes 13
	69	+	that children need special safeguards and care in all aspects of their lives, specifying how 14
	70	+	children’s rights apply in the digital environment in General Comment No. 25; and 15
95	71
96		-	– 3 –
97		-	WHEREAS, It is the intent of the Maryland General Assembly that the Maryland
98		-	Age–Appropriate Design Code Act promote innovation by covered entities whose online
99		-	products are likely to be accessed by children by ensuring that those online products are
100		-	designed in a manner that recognizes the distinct needs of children within different age
101		-	ranges; and now, therefore,
	72	+	WHEREAS, As children spend more of their time interacting with the online world, 16
	73	+	the impact of the design of online products on their well–being has become a focus of 17
	74	+	significant concern; and 18
102	75
103		-	WHEREAS, It is the intent of the Maryland General Assembly that covered entities
104		-	covered by the Maryland Age–Appropriate Design Code Act may look to guidance and
105		-	innovation in response to the Age–Appropriate Design Code established in the United
106		-	Kingdom and California when developing online products that are likely to be accessed by
107		-	children; now, therefore,
	76	+	WHEREAS, There is widespread agreement at the international level, and 19
	77	+	bipartisan agreement in the United States, that more needs to be done to create a safer 20
	78	+	online space for children to learn, explore, and play; and 21
108	79
109		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
110		-	That the Laws of Maryland read as follows:
	80	+	WHEREAS, Lawmakers around the globe have t aken steps to enhance privacy 22
	81	+	protections for children based on the understanding that, in relation to data protection, 23
	82	+	greater privacy necessarily means greater security and well–being; and 24
111	83
112		-	Article – Commercial Law
	84	+	WHEREAS, Children should be afforded protections not only by online products and 25
	85	+	services specifically directed at them, but by all online products they are likely to access, 26
	86	+	and thus covered entities should take into account the unique needs of different age ranges, 27
	87	+	including the following developmental stages: 0 to 5 years of age, or “preliterate and early 28
	88	+	literacy”; 6 to 9 years of age, or “core primary school years”; 10 to 12 years of age, or 29
	89	+	“transition years”; 13 to 15 years of age, or “early teens”; and 16 to 17 years of age, or 30
	90	+	“approaching adulthood”; and 31
113	91
114		-	13–301.
	92	+	WHEREAS, While it is clear that the same data protection regime may not be 32
	93	+	appropriate for children of all ages, children of all ages should nonetheless be afforded 33
	94	+	privacy and protection, and online products should adopt data protection regimes 34
	95	+	appropriate for children of the ages likely to access those products; and 35
115	96
116		-	Unfair, abusive, or deceptive trade practices include any:
	97	+	WHEREAS, According to the Pew Research Center, in 2022, 97% of American 36
	98	+	teenagers aged 13–17 used the Internet every day, with 46% responding they used the 37 SENATE BILL 571 3
117	99
118		-	(14) Violation of a provision of:
119	100
120		-	(xl) Title 14, Subtitle 13 of the Public Safety Article; [or]
	101	+	Internet almost constantly; and, additionally, 36% of teens reported being concerned about 1
	102	+	their social media use, while an earlier Pew Research Center study found that 59% of teens 2
	103	+	have been bullied or harassed online; and 3
121	104
122		-	(xli) Title 14, Subtitle 45 of this article; or
	105	+	WHEREAS, The findings of the Pew Research Center are not surprising, given what 4
	106	+	is known about controllers’ use of personal data and how it is utilized to inform 5
	107	+	manipulative practices, to which children are particularly vulnerable; and 6
123	108
124		-	(XLII) TITLE 14, SUBTITLE 46 OF THIS ARTICLE; OR
	109	+	WHEREAS, Online products that are likely to be accessed by children should offer 7
	110	+	strong privacy protections that, by design, prevent the use of children’s personal data to 8
	111	+	offer elements that the covered entity offering the online product knows, or has reason to 9
	112	+	know, are likely to be materially detrimental to the physical health, mental health, or 10
	113	+	well–being of children; and 11
125	114
126		-	SUBTITLE 46. MARYLAND AGE–APPROPRIATE DESIGN CODE ACT.
	115	+	WHEREAS, Ensuring robust privacy, and thus safety, protections for children by 12
	116	+	design is consistent with federal safety laws and policies applied to children’s products, 13
	117	+	regulating everything from toys to clothing to furniture and games; and 14
127	118
128		-	14–4601.
	119	+	WHEREAS, The consumer protections that federal safety laws apply to children’s 15
	120	+	products require these products to comply with certain safety standards by their very 16
	121	+	design, so that harms to children, and in some cases other consumers, are prevented; and 17
129	122
130		-	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
131		-	INDICATED.
	123	+	WHEREAS, It is the intent of the Maryland General Assembly that the Maryland 18
	124	+	Age–Appropriate Design Code Act promote innovation by covered entities whose online 19
	125	+	products are likely to be accessed by children by ensuring that those online products are 20
	126	+	designed in a manner that recognizes the distinct needs of children within different age 21
	127	+	ranges; and now, therefore, 22
132	128
133		-	(B) (1) “AGGREGATE CONSUMER IN FORMATION” MEANS INFORMATION :
	129	+	WHEREAS, It is the intent of the Maryland General Assembly that covered entities 23
	130	+	covered by the Maryland Age–Appropriate Design Code Act may look to guidance and 24
	131	+	innovation in response to the Age–Appropriate Design Code established in the United 25
	132	+	Kingdom and California when developing online products that are likely to be accessed by 26
	133	+	children; now, therefore, 27
134	134
135		-	(I) THAT RELATES TO A GRO UP OR CATEGORY OF CO NSUMERS;
	135	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28
	136	+	That the Laws of Maryland read as follows: 29
136	137
137		-	(II) FROM WHICH I NDIVIDUAL CONSUMER I DENTITIES HAVE
138		-	BEEN REMOVED ; AND
	138	+	Article – Commercial Law 30
139	139
140		-	(III) THAT IS NOT LINKED OR REASONABLY LINKABLE TO ANY
141		-	CONSUMER OR HOUSEHOL D, INCLUDING BY A DEVIC E. Ch. 460 2024 LAWS OF MARYLAND
	140	+	13–301. 31
142	141
143		-	~~– 4 –~~
	142	+	Unfair, abusive, or deceptive trade practices include any: 32
144	143
145		-	(2) “AGGREGATE CONSUMER IN FORMATION” DOES NOT INCLUDE
146		-	INDIVIDUAL CONSUMER RECORDS THAT HAVE BE EN DE–IDENTIFIED.
	144	+	(14) Violation of a provision of: 33
147	145
148		-	(C) “BEST INTERESTS OF CHI LDREN” MEANS A COVERED ENTI TY’S USE OF
149		-	THE PERSONAL DATA OF A CHILD CHILDREN OR THE DESIGN OF AN ONLINE
150		-	PRODUCT IN A WAY THA T DOES NOT:
	146	+	(xl) Title 14, Subtitle 13 of the Public Safety Article; [or] 34
	147	+	4 SENATE BILL 571
151	148
152		-	(1) BENEFIT THE COVERED E NTITY TO THE DETRIME NT OF A CHILD
153		-	CHILDREN; AND
154	149
155		-	(2) ~~RESULT IN:~~
	150	+	(xli) Title 14, Subtitle 45 of this article; or 1
156	151
157		-	(I) REASONABLY FORESEEABL E AND MATERIAL PHYSI CAL OR
158		-	FINANCIAL HARM TO A CHILD CHILDREN;
	152	+	(XLII) TITLE 14, SUBTITLE 46 OF THIS ARTICLE; OR 2
159	153
160		-	(II) SEVERE AND REASONABLY FORESEEABLE PSYCHOLO GICAL
161		-	OR EMOTIONAL HARM TO A CHILD CHILDREN;
	154	+	SUBTITLE 46. MARYLAND AGE–APPROPRIATE DESIGN CODE ACT. 3
162	155
163		-	(III) A HIGHLY OFFENSIVE INT RUSION ON A CHILD’S CHILDREN’S
164		-	REASONABLE EXPECTATI ON OF PRIVACY; OR
	156	+	14–4601. 4
165	157
166		-	(IV) DISCRIMINATION AGAINS T A CHILD CHILDREN BASED ON
167		-	RACE, COLOR, RELIGION, NATIONAL ORIGIN , DISABILITY, GENDER IDENTITY , SEX,
168		-	OR SEXUAL ORIENTATIO N.
	158	+	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 5
	159	+	INDICATED. 6
169	160
170		-	(D) (1) “BIOMETRIC INFORMATION DATA” MEANS INFORMATION DATA
171		-	GENERATED BY AUTOMAT IC MEASUREMENTS OF A N INDIVIDUAL’S BIOLOGICAL
172		-	CHARACTERISTICS .
	161	+	(B) (1) “AGGREGATE CONSUMER IN FORMATION” MEANS INFORMATION : 7
173	162
174		-	(2) ~~“BIOMETRIC INFORMATION DATA”~~ ~~INCLUDES:~~
	163	+	(I) THAT RELATES TO A GRO UP OR CATEGORY OF CO NSUMERS; 8
175	164
176		-	(I) A FINGERPRINT ;
	165	+	(II) FROM WHICH INDIVIDUAL CONSUMER IDENTITIES HAVE 9
	166	+	BEEN REMOVED ; AND 10
177	167
178		-	(II) A VOICEPRINT;
	168	+	(III) THAT IS NOT LINKED OR REASON ABLY LINKABLE TO ANY 11
	169	+	CONSUMER OR HOUSEHOL D, INCLUDING BY A DEVIC E. 12
179	170
180		-	(III) AN EYE RETINA OR IRIS PATTERN; OR
	171	+	(2) “AGGREGATE CONSUMER IN FORMATION” DOES NOT INCLUDE 13
	172	+	INDIVIDUAL CONSUMER RECORDS THAT HAVE BE EN DE–IDENTIFIED. 14
181	173
182		-	(IV) ANY OTHER U NIQUE BIOLOGICAL PAT TERN OR
183		-	CHARACTERISTIC THAT IS USED TO IDENTIFY A SPECIFIC INDIVIDUA L.
	174	+	(C) “BEST INTERESTS OF CHI LDREN” MEANS A COVERED EN TITY’S USE OF 15
	175	+	THE PERSONAL DATA OF A CHILD CHILDREN OR THE DESIGN OF AN ONLINE 16
	176	+	PRODUCT IN A WAY THA T DOES NOT: 17
184	177
185		-	(3) “BIOMETRIC INFORMATION DATA” DOES NOT INCLUDE :
	178	+	(1) BENEFIT THE COVERED E NTITY TO THE DETRIME NT OF A CHILD 18
	179	+	CHILDREN; AND 19
186	180
187		-	(I) ~~A DIGITAL OR PHYSICAL PHOTOGRAPH ; WES MOORE, Governor Ch. 460~~
	181	+	(2) RESULT IN: 20
188	182
189		-	– 5 –
	183	+	(I) REASONABLY FORESEEABL E AND MATERIAL PHYSI CAL OR 21
	184	+	FINANCIAL HARM TO A CHILD CHILDREN; 22
190	185
191		-	(II) AN AUDIO OR VIDEO REC ORDING; OR
	186	+	(II) SEVERE AND REASONABLY FORESEEABLE PSYCHOLO GICAL 23
	187	+	OR EMOTIONAL HARM TO A CHILD CHILDREN; 24
192	188
193		-	(III) ~~DATA GENERATED FROM~~ A ~~DIGITAL OR PH YSICAL~~
194		-	~~PHOTOGRAPH ,~~ OR ~~AN AUDIO OR VIDEO RECORDING, UNLESS THE DATA IS~~
195		-	~~GENERATED TO IDENTIF Y A SPECIFIC INDIVID UAL.~~
	189	+	(III) A HIGHLY OFFENSIVE INT RUSION ON A CHILD’S CHILDREN’S 25
	190	+	REASONABLE EXPECTATION OF PRIVA CY; OR 26
	191	+	SENATE BILL 571 5
196	192
197		-	(E) “CHILD” MEANS A CONSUMER WHO IS UNDER THE AGE OF 18 YEARS.
198	193
199		-	(F) (1) “COLLECT” MEANS TO BUY, RENT, GATHER, OBTAIN, RECEIVE, OR
200		-	ACCESS PERSONAL DATA RELATING TO A CONSUM ER.
	194	+	(IV) DISCRIMINATION AGAINS T A CHILD CHILDREN BASED ON 1
	195	+	RACE, COLOR, RELIGION, NATIONAL ORIGIN , DISABILITY, GENDER IDENTITY , SEX, 2
	196	+	OR SEXUAL ORIENTATIO N. 3
201	197
202		-	(2) “COLLECT” INCLUDES:
	198	+	(D) (1) “BIOMETRIC INFORMATION DATA” MEANS INFORMATION DATA 4
	199	+	GENERATED BY AUTOMATIC MEASUREMEN TS OF AN INDIVIDUAL ’S BIOLOGICAL 5
	200	+	CHARACTERISTICS . 6
203	201
204		-	(I) ACTIVELY OR PASSIVELY RECEIVING RECEIVING DATA
205		-	FROM THE CONSUMER ; AND
	202	+	(2) “BIOMETRIC INFORMATION DATA” INCLUDES: 7
206	203
207		-	(II) ~~OBSERVING THE CONSUME R’S BEHAVIOR.~~
	204	+	(I) A FINGERPRINT ; 8
208	205
209		-	(G) (1) “CONSUMER” MEANS AN INDIVIDUAL WHO IS A RESIDENT OF THE
210		-	STATE, HOWEVER IDENTIFIED , INCLUDING BY A UNIQU E IDENTIFIER.
	206	+	(II) A VOICEPRINT; 9
211	207
212		-	(2) “CONSUMER” DOES NOT INCLUDE AN INDIVIDUAL ACTING IN A
213		-	COMMERCIAL OR EMPLOY MENT CONTEXT OR AS A N EMPLOYER , AN OWNER, A
214		-	DIRECTOR, AN OFFICER, OR A CONTRACTOR OF A COMPANY, PARTNERSHIP, SOLE
215		-	PROPRIETORSHIP , NONPROFIT ORGANIZATI ON, OR GOVERNMENT AGENCY
216		-	GOVERNMENTAL UNIT WHOSE COMMUNICATIONS OR TRANSACTIONS WITH THE
217		-	COVERED ENTITY OCCUR SOLELY WITHIN THE CO NTEXT OF THAT INDIVI DUAL’S
218		-	ROLE WITH THE COMPAN Y, PARTNERSHIP , SOLE PROPRI ETORSHIP, NONPROFIT
219		-	ORGANIZATION , OR GOVERNMENT AGENCY GOVERNMENTAL UNIT.
	208	+	(III) AN EYE RETINA OR IRIS PATTERN; OR 10
220	209
221		-	(H) (1) “COVERED ENTITY ” MEANS A SOLE PROPRIE TORSHIP, A LIMITED
222		-	LIABILITY COMPANY , A CORPORATION , AN ASSOCIATION , OR ANY OTHER LEGAL
223		-	ENTITY THAT:
	210	+	(IV) ANY OTHER UNIQUE BIOL OGICAL PATTERN OR 11
	211	+	CHARACTERISTIC THAT I S USED TO IDENTIFY A SPECIFIC INDIVIDUAL . 12
224	212
225		-	(I) IS ORGANIZED OR OPERA TED FOR THE PROFIT OR
226		-	FINANCIAL BENEFIT OF ITS SHAREHOLDERS OR OTHER OWNERS ;
	213	+	(3) “BIOMETRIC INFORMATION DATA” DOES NOT INCLUDE : 13
227	214
228		-	(II) COLLECTS CONSUMERS ’ PERSONAL INFORMATION DATA OR
229		-	USES ANOTHER ENTITY TO CO LLECT CONSUMERS ’ PERSONAL INFORMATION DATA
230		-	ON ITS BEHALF;
231		-	Ch. 460 2024 LAWS OF MARYLAND
	215	+	(I) A DIGITAL OR PHYSICAL PHOTOGRAPH ; 14
232	216
233		-	– 6 –
234		-	(III) ALONE, OR JOINTLY WITH ITS AFFILIATES OR
235		-	SUBSIDIARIES, DETERMINES THE PURPO SES AND MEANS OF THE PROCESSING OF
236		-	CONSUMERS ’ PERSONAL DATA ;
	217	+	(II) AN AUDIO OR VIDEO REC ORDING; OR 15
237	218
238		-	(IV) DOES BUSINESS IN THE STATE; AND
	219	+	(III) DATA GENERATED FROM A DIGITAL OR PHYSICAL 16
	220	+	PHOTOGRAPH , OR AN AUDIO OR VIDEO RECORDING, UNLESS THE DATA IS 17
	221	+	GENERATED TO IDENTIF Y A SPECIFIC INDIVID UAL. 18
239	222
240		-	(V) 1. HAS ANNUAL GROSS REVE NUES IN EXCESS OF
241		-	$25,000,000, ADJUSTED EVERY ODD –NUMBERED YEAR TO REF LECT ADJUSTMENTS
242		-	IN THE CONSUMER PRICE INDEX;
	223	+	(E) “CHILD” MEANS A CONSUMER WHO IS UNDER THE AGE OF 18 YEARS. 19
243	224
244		-	2. ANNUALLY BUYS , RECEIVES, SELLS, OR SHARES THE
245		-	PERSONAL DATA OF 50,000 OR MORE CONSUMERS , HOUSEHOLDS , OR DEVICES,
246		-	ALONE OR IN COMBINAT ION WITH ITS AFFILIA TES OR SUBSIDIARIES , FOR THE
247		-	COVERED ENTITY ’S COMMERC IAL PURPOSES; OR
	225	+	(F) (1) “COLLECT” MEANS TO BUY, RENT, GATHER, OBTAIN, RECEIVE, OR 20
	226	+	ACCESS PERSONAL DATA RELATING TO A C ONSUMER. 21
248	227
249		-	3. DERIVES AT LEAST 50% OF ITS ANNUAL REVENU ES
250		-	FROM THE SALE OF CON SUMERS’ PERSONAL DATA .
	228	+	(2) “COLLECT” INCLUDES: 22
251	229
252		-	(2) “COVERED ENTITY ” INCLUDES:
	230	+	(I) ACTIVELY OR PASSIVELY RECEIVING RECEIVING DATA 23
	231	+	FROM THE CONSUMER ; AND 24
253	232
254		-	(I) AN ENTITY THAT CONTRO LS OR IS CONTROLLED BY A
255		-	BUSINESS AND THAT SH ARES A NAME, SERVICE MARK , OR TRADEMARK THAT WOULD
256		-	CAUSE A REASONABLE C ONSUMER TO UNDERSTAN D THAT TWO OR MORE E NTITIES
257		-	ARE COMMONLY OWNED ; AND
	233	+	(II) OBSERVING THE CONSUME R’S BEHAVIOR. 25
258	234
259		-	(II) A ~~JOINT VENTURE OR PAR TNERSHIP COMPOSED~~ OF
260		-	~~BUSINESSES IN WHICH EACH HAS AT LEAST~~ A ~~40% INTEREST IN THE JOIN T VENTURE~~
261		-	~~OR PARTNERSHIP .~~
	235	+	(G) (1) “CONSUMER” MEANS AN INDIVIDUAL WHO IS A RESIDENT OF THE 26
	236	+	STATE, HOWEVER IDENTIFIED , INCLUDING BY A UNIQU E IDENTIFIER. 27
	237	+	6 SENATE BILL 571
262	238
263		-	(I) (1) “DARK PATTERN ” MEANS A USER INTERFA CE DESIGNED OR
264		-	MANIPULATED WITH THE PURPOSE OF SUBVERTIN G OR IMPAIRING USER
265		-	AUTONOMY , DECISION MAKING , OR CHOICE.
266	239
267		-	(2) “DARK PATTERN ” INCLUDES ANY PRACTIC E IDENTIFIED BY THE
268		-	FEDERAL TRADE COMMISSION AS A DARK PATTERN.
	240	+	(2) “CONSUMER” DOES NOT INCLUDE AN INDIVIDUAL ACTING IN A 1
	241	+	COMMERCIAL OR EMPLOY MENT CONTEXT OR AS A N EMPLOYER , AN OWNER, A 2
	242	+	DIRECTOR, AN OFFICER, OR A CONTRACTOR OF A COMPANY, PARTNERSHIP , SOLE 3
	243	+	PROPRIETORSHIP, NONPROFIT ORGANIZATI ON, OR GOVERNMENT AGENCY 4
	244	+	GOVERNMENTAL UNIT WHOSE COMMUNICATIONS OR TRANSACTIONS WITH THE 5
	245	+	COVERED ENTITY OCCUR SOLELY WITHIN THE CO NTEXT OF THAT INDIVI DUAL’S 6
	246	+	ROLE WITH THE COMPAN Y, PARTNERSHIP , SOLE PROPRIETORSHIP , NONPROFIT 7
	247	+	ORGANIZATION, OR GOVERNMENT AGENCY GOVERNMENTAL UNIT. 8
269	248
270		-	(J) “~~DATA PROTECTION IMPAC T ASSESSMENT” OR “ASSESSMENT~~” MEANS A
271		-	~~SYSTEMATIC SURVEY TO ASSESS COMPLIANCE WI TH THE DUTY TO ACT I N THE BEST~~
272		-	~~INTERESTS OF CHILDRE N.~~
	249	+	(H) (1) “COVERED ENTITY ” MEANS A SOLE PROPRIE TORSHIP, A LIMITED 9
	250	+	LIABILITY COMPANY , A CORPORATION , AN ASSOCIATION , OR ANY OTHER LEGAL 10
	251	+	ENTITY THAT: 11
273	252
274		-	(K) “DEFAULT” MEANS A PRESELECTED OPTION ADOPTED BY TH E
275		-	COVERED ENTITY FOR A N ONLINE PRODUCT.
276		-	WES MOORE, Governor Ch. 460
	253	+	(I) IS ORGANIZED OR OPERA TED FOR THE PROFIT O R 12
	254	+	FINANCIAL BENEFIT OF ITS SHAREHOLDERS OR OTHER OWNERS ; 13
277	255
278		-	– 7 –
279		-	(L) “DE–IDENTIFIED INFORMATI ON” MEANS DATA THAT CANN OT
280		-	REASONABLY BE USED T O INFER INFORMATION ABOUT, OR OTHERWISE BE LINK ED
281		-	TO, AN IDENTIFIED OR IDE NTIFIABLE INDIVIDUAL , IF THE COVERED ENTIT Y THAT
282		-	POSSESSES THE DATA :
	256	+	(II) COLLECTS CONSUMERS ’ PERSONAL INFORMATION DATA OR 14
	257	+	USES ANOTHER ENTITY TO CO LLECT CONSUMERS ’ PERSONAL INFORMATION DATA 15
	258	+	ON ITS BEHALF; 16
283	259
284		-	(1) TAKES REASONABLE MEASURES TO ENSURE T HAT THE DATA
285		-	CANNOT BE LINKED WIT H AN INDIVIDUAL;
	260	+	(III) ALONE, OR JOINTLY WITH ITS AFFILIATES OR 17
	261	+	SUBSIDIARIES, DETERMINES THE PURPO SES AND MEANS OF THE PROCESSING OF 18
	262	+	CONSUMERS ’ PERSONAL DATA ; 19
286	263
287		-	(2) ~~PUBLICLY COMMITS TO :~~
	264	+	(IV) DOES BUSINESS IN THE STATE; AND 20
288	265
289		-	(I) MAINTAIN AND USE THE DATA IN DE–IDENTIFIED FORM ;
290		-	AND
	266	+	(V) 1. HAS ANNUAL GROSS REVE NUES IN EXCESS OF 21
	267	+	$25,000,000, ADJUSTED EVERY ODD –NUMBERED YEAR TO REF LECT ADJUSTMENTS 22
	268	+	IN THE CONSUMER PRICE INDEX; 23
291	269
292		-	(II) NOT ATTEMPT TO RE –IDENTIFY THE INFORMA TION; AND
	270	+	2. ANNUALLY BUYS , RECEIVES, SELLS, OR SHARES THE 24
	271	+	PERSONAL DATA OF 50,000 OR MORE CONSUMERS , HOUSEHOLDS , OR DEVICES, 25
	272	+	ALONE OR IN COMBINAT ION WITH ITS AFFILIA TES OR SUBSIDIARIES , FOR THE 26
	273	+	COVERED ENTITY ’S COMMERCIAL PURPOSE S; OR 27
293	274
294		-	(3~~) CONTRACTUALLY OBLIGAT~~ ES ~~ANY RECIP IENTS OF THE~~
295		-	~~INFORMATION TO COMPL Y WITH ALL PROVISION S~~ OF ~~THIS SUBSECTION~~ .
	275	+	3. DERIVES AT LEAST 50% OF ITS ANNUAL REVENU ES 28
	276	+	FROM THE SALE OF CON SUMERS’ PERSONAL DATA . 29
296	277
297		-	(M) “DERIVED DATA” MEANS DATA THAT ARE DERIVED FROM OTHER D ATA
298		-	OR INFORMATION , OR OTHERWISE OBTAINE D THROUGH CORRELATIO NS,
299		-	PREDICTIONS, ASSUMPTIONS , INFERENCES, OR CONCLUSIONS DRA WN FROM FACTS
300		-	OR EVIDENCE OR ANOTH ER SOURCE OF INFORMA TION OR DATA ABOUT A CHILD OR
301		-	A CHILD’S DEVICE.
	278	+	(2) “COVERED ENTITY ” INCLUDES: 30
302	279
303		-	(N) (L) “DIVISION” MEANS THE DIVISION OF CONSUMER PROTECTION
304		-	OF THE OFFICE OF THE ATTORNEY GENERAL.
	280	+	(I) AN ENTITY THAT CONTRO LS OR IS CONTROLLED BY A 31
	281	+	BUSINESS AND THAT SH ARES A NAME, SERVICE MARK , OR TRADEMARK THAT WO ULD 32
	282	+	CAUSE A REASONABLE CONSUMER TO UNDERSTAND THAT T WO OR MORE ENTITIES 33
	283	+	ARE COMMONLY OWNED ; AND 34 SENATE BILL 571 7
305	284
306		-	(O) (M) (1) “ONLINE PRODUCT ” MEANS AN ONLINE SERVICE, PRODUCT,
307		-	OR FEATURE.
308	285
309		-	(2) “ONLINE PRODUCT ” DOES NOT INCLUDE :
310	286
311		-	(I) A TELECOMMUNICATIONS S ERVICE, AS DEFINED IN 47
312		-	U.S.C. § 153;
	287	+	(II) A JOINT VENTURE OR PAR TNERSHIP COMPOSED OF 1
	288	+	BUSINESSES IN WHICH EACH HAS AT LEAST A 40% INTEREST IN THE JOIN T VENTURE 2
	289	+	OR PARTNERSHIP . 3
313	290
314		-	(II) THE SALE, DELIVERY, OR USE OF A PHYSICAL PRODUCT
315		-	SOLD BY AN ONLINE RE TAILER; OR
	291	+	(I) (1) “DARK PATTERN ” MEANS A USER INTERFACE D ESIGNED OR 4
	292	+	MANIPULATED WITH THE PURPOSE OF SUBVERTIN G OR IMPAIRING USER 5
	293	+	AUTONOMY , DECISION MAKING , OR CHOICE. 6
316	294
317		-	(~~III~~) ~~A BROADBAND INTERNET ACCESS SERVICE , AS DEFINED IN~~
318		-	~~47 C.F.R~~. § 8~~.1(B).~~
	295	+	(2) “DARK PATTERN ” INCLUDES ANY PRACTIC E IDENTIFIED BY THE 7
	296	+	FEDERAL TRADE COMMISSION AS A DARK PATTERN. 8
319	297
320		-	(~~P) (N) (1~~) “~~PERSONAL~~ DATA ” MEANS ~~INFORMATION TH AT IS LINKED~~
321		-	~~OR REASONABLY ABLE T O BE LINKED,~~ ~~ALONE OR IN COMBINAT ION WITH OTHER~~
322		-	~~INFORMATION , TO AN IDENTIFIED OR IDENTIFIABLE INDIVID UAL. Ch. 460 2024 LAWS~~ OF ~~MARYLAND~~
	298	+	(J) “DATA PROTECT ION IMPACT ASSESSMEN T” OR “ASSESSMENT” MEANS A 9
	299	+	SYSTEMATIC SURVEY TO ASSESS COMPLIANCE WI TH THE DUTY TO ACT I N THE BEST 10
	300	+	INTERESTS OF CHILDRE N. 11
323	301
324		-	– 8 –
	302	+	(K) “DEFAULT” MEANS A PRESELECTED OPTION ADOPTED BY TH E 12
	303	+	COVERED ENTITY FOR A N ONLINE PRODUCT . 13
325	304
326		-	(2) “PERSONAL DATA ” INCLUDES DERIVED DAT A THAT OTHERWISE
327		-	MEETS THE DEFINITION IN PARAGRAPH (1) OF THIS SUBSECTION DOES NOT
328		-	INCLUDE:
	305	+	(L) “DE–IDENTIFIED INFORMATION ” MEANS DATA THAT CANN OT 14
	306	+	REASONABLY BE USED T O INFER INFORMATION ABOUT, OR OTHERWISE BE LINK ED 15
	307	+	TO, AN IDENTIFIED OR IDE NTIFIABLE INDIVIDUAL , IF THE COVERED ENTIT Y THAT 16
	308	+	POSSESSES THE DATA : 17
329	309
330		-	(I) DE–IDENTIFIED DATA ; OR
	310	+	(1) TAKES REASONABLE MEAS URES TO ENSURE THAT THE DATA 18
	311	+	CANNOT BE LINKED WIT H AN INDIVIDUAL; 19
331	312
332		-	(II) PUBLICLY ~~AVAILABLE IN FORMATION.~~
	313	+	(2) PUBLICLY COMMITS TO : 20
333	314
334		-	(Q) (O) (1) “PRECISE GEOLOCATION ” MEANS ANY DATA THAT IS:
	315	+	(I) MAINTAIN AND USE THE DATA IN DE–IDENTIFIED FORM ; 21
	316	+	AND 22
335	317
336		-	(1) ~~DERIVED FROM A DEVICE~~ ; AND
	318	+	(II) NOT ATTEMPT TO RE –IDENTIFY THE INFORMA TION; AND 23
337	319
338		-	(2) USED OR INTENDED TO B E USED TO LOCATE A C ONSUMER
339		-	GEOGRAPHICALLY WITHI N A RADIUS OF UP TO 1,850 FEET INFORMATION DERIVED
340		-	FROM TECHNOLOGY THAT CAN PRECISELY AND AC CURATELY IDENTIFY TH E
341		-	SPECIFIC LOCATION OF A CONSUMER WITHIN A RA DIUS OF 1,750 FEET.
	320	+	(3) CONTRACTUALLY OBLIGAT ES ANY RECIPIENTS OF THE 24
	321	+	INFORMATION TO COMPLY WITH ALL PROV ISIONS OF THIS SUBSE CTION. 25
342	322
343		-	(2) “PRECISE GEOLOCATION ” INCLUDES LATITUDE AN D LONGITUDE
344		-	COORDINATES OF SIMIL AR PRECISION TO THOS E PRODUCED BY A GLOB AL
345		-	POSITIONING SYSTEM O R A SIMILAR MECHANIS M.
	323	+	(M) “DERIVED DATA” MEANS DATA THAT ARE DERIVED FROM OTHER D ATA 26
	324	+	OR INFORMATION , OR OTHERWISE OBTAINE D THROUGH CORRELATIO NS, 27
	325	+	PREDICTIONS, ASSUMPTIONS , INFERENCES, OR CONCLUSIONS DRAWN FROM FACTS 28
	326	+	OR EVIDENCE OR ANOTHER SOURCE OF IN FORMATION OR DATA AB OUT A CHILD OR 29
	327	+	A CHILD’S DEVICE. 30
	328	+	8 SENATE BILL 571
346	329
347		-	(3) “PRECISE GEOLOCATION ” DOES NOT INCLUDE :
348	330
349		-	(I) THE CONTENT OF COMMUN ICATIONS;
	331	+	(N) (L) “DIVISION” MEANS THE DIVISION OF CONSUMER PROTECTION 1
	332	+	OF THE OFFICE OF THE ATTORNEY GENERAL. 2
350	333
351		-	(II) ~~DATA GENERATED BY OR CONNECTED WITH A UTI LITY~~
352		-	~~COMPANY’S ADVANCED METERING INFRASTRUCTURE ;~~ OR
	334	+	(O) (M) (1) “ONLINE PRODUCT ” MEANS AN ONLINE SERV ICE, PRODUCT, 3
	335	+	OR FEATURE. 4
353	336
354		-	(III) DATA GENERATED BY EQU IPMENT USED BY A UTI LITY
355		-	COMPANY.
	337	+	(2) “ONLINE PRODUCT ” DOES NOT INCLUDE : 5
356	338
357		-	(R) (P) (1) “PROCESS” MEANS TO CONDUCT OR DIRECT ANY
358		-	OPERATION THAT MAY BE PERFORME D ON PERSONAL DATA , WHETHER OR NOT BY
359		-	AUTOMATED MEANS TO PERFORM AN OPERAT ION OR SET OF OPERAT IONS BY
360		-	MANUAL OR AUTOMATED MEANS ON PERSONAL DA TA.
	339	+	(I) A TELECOMMUNICATIONS S ERVICE, AS DEFINED IN 47 6
	340	+	U.S.C. § 153; 7
361	341
362		-	(2) “PROCESS” INCLUDES:
	342	+	(II) THE SALE, DELIVERY, OR USE OF A PHYSICAL PRODUCT 8
	343	+	SOLD BY AN ONLINE RE TAILER; OR 9
363	344
364		-	(I) COLLECTING PERSONAL D ATA;
	345	+	(III) A BROADBAND INTERNET ACCESS SERVI CE, AS DEFINED IN 10
	346	+	47 C.F.R. § 8.1(B). 11
365	347
366		-	(II) USING PERSONAL DATA ;
	348	+	(P) (N) (1) “PERSONAL DATA ” MEANS INFORMATION TH AT IS LINKED 12
	349	+	OR REASONABLY ABLE T O BE LINKED, ALONE OR IN COMBINAT ION WITH OTHER 13
	350	+	INFORMATION , TO AN IDENTIFIED OR IDENTIFIABLE INDIVID UAL. 14
367	351
368		-	(III) STORING PERSONAL DATA ; WES MOORE, Governor Ch. 460
	352	+	(2) “PERSONAL DATA ” INCLUDES DERIVED DAT A THAT OTHERWISE 15
	353	+	MEETS THE DEFINITION IN PARAGRAPH (1) OF THIS SUBSECTION DOES NOT 16
	354	+	INCLUDE: 17
369	355
370		-	– ~~9 –~~
	356	+	(I) DE–IDENTIFIED DATA ; OR 18
371	357
372		-	(IV) ~~DISCLOSING PERSONAL D ATA;~~
	358	+	(II) PUBLICLY AVAILABLE IN FORMATION. 19
373	359
374		-	(V) ~~ANALYZING PERSONAL DA TA;~~
	360	+	(Q) (O) (1) “PRECISE GEOLOCATION ” MEANS ANY DATA THAT IS: 20
375	361
376		-	(VI) ~~DELETING PERSONAL DAT~~ A;
	362	+	(1) DERIVED FROM A DEVICE ; AND 21
377	363
378		-	(VII) MODIFYING PERSONAL DA TA; AND
	364	+	(2) USED OR INTENDED TO B E USED TO LOCATE A C ONSUMER 22
	365	+	GEOGRAPHICALLY WITHI N A RADIUS OF UP TO 1,850 FEET INFORMATION DERIVED 23
	366	+	FROM TECHNOLOGY THAT CAN PRECISELY AND AC CURATELY IDENTIFY TH E 24
	367	+	SPECIFIC LOCATION OF A CONSUMER WITHIN A RADIUS OF 1,750 FEET. 25
379	368
380		-	(~~VIII~~) ~~OTHERWISE HANDLING PE RSONAL DATA COLLECTING,~~
381		-	~~USING, STORING,~~ ~~DISCLOSING, ANALYZING,~~ ~~DELETING, OR MODIFYING PERSONA L~~
382		-	~~DATA~~.
	369	+	(2) “PRECISE GEOLOCATION ” INCLUDES LATITUDE AN D LONGITUDE 26
	370	+	COORDINATES OF SIMIL AR PRECISION TO THOS E PRODUCED BY A GLOB AL 27
	371	+	POSITIONING SYSTEM O R A SIMILAR MECHANIS M. 28
383	372
384		-	(S) (Q) (1) “PROFILING” MEANS ANY FORM OF AU TOMATED
385		-	PROCESSING OF PERSON AL DATA THAT USES PE RSONAL DATA TO EVALU ATE,
386		-	ANALYZE, OR PREDICT CERTAIN A SPECTS RELATING TO A N INDIVIDUAL, INCLUDING
387		-	AN INDIVIDUAL ’S ECONOMIC SITUATION , HEALTH, PERSONAL PREFERENCES ,
388		-	INTERESTS, RELIABILITY, BEHAVIOR, LOCATION, OR MOVEMENTS .
	373	+	(3) “PRECISE GEOLOCATION ” DOES NOT INCLUDE : 29
	374	+	SENATE BILL 571 9
389	375
390		-	(2) “PROFILING” DOES NOT INCLUDE THE PROCESSING OF
391		-	PERSONAL DATA THAT D OES NOT RESULT IN AN ASSESSMENT OR JUDGME NT ABOUT
392		-	AN INDIVIDUAL.
393	376
394		-	(T) (R) (1) “PUBLICLY AVAILABLE IN FORMATION” MEANS
395		-	INFORMATION THAT :
	377	+	(I) THE CONTENT OF COMMUN ICATIONS; 1
396	378
397		-	(I) ~~IS LAWFULLY MADE AVAI LABLE FROM FEDERAL , STATE,~~ OR
398		-	~~LOCAL GOVERNMENT REC ORDS~~; OR
	379	+	(II) DATA GENERATED BY OR CONNECTED WITH A UTI LITY 2
	380	+	COMPANY’S ADVANCED METERING INFRASTRUCTURE ; OR 3
399	381
400		-	(II) A COVERED ENTITY HAS A REASONABLE BASIS TO BELIEVE
401		-	IS LAWFULLY MADE AVA ILABLE TO THE GENERAL PUB LIC BY THE CONSUMER OR BY
402		-	WIDELY DISTRIBUTED M EDIA.
	382	+	(III) DATA GENERATED BY EQU IPMENT USED BY A UTI LITY 4
	383	+	COMPANY. 5
403	384
404		-	(2) “PUBLICLY AVAILABLE IN FORMATION” DOES NOT INCLUDE
405		-	BIOMETRIC INFORMATION DATA COLLECTED BY A COVER ED ENTITY ABOUT A
406		-	CONSUMER WITHOUT THE CONSUMER ’S KNOWLEDGE .
	385	+	(R) (P) (1) “PROCESS” MEANS TO CONDUCT OR DIRECT ANY 6
	386	+	OPERATION THAT MAY BE PERFORME D ON PERSONAL DATA , WHETHER OR NOT BY 7
	387	+	AUTOMATED MEANS TO PERFORM AN OPERAT ION OR SET OF OPERAT IONS BY 8
	388	+	MANUAL OR AUTOMATED MEANS ON PERSONAL DA TA. 9
407	389
408		-	(U) (S) “REASONABLY LIKELY TO BE ACCESSED BY CHILD REN” MEANS
409		-	REASONABLY EXPECTED IT IS REASONABLE TO EXPECT THAT THE ONLINE PROD UCT
410		-	WOULD BE ACCESSED BY CHILDREN, BASED ON SATISFYING ANY OF THE FOLLOWING
411		-	CRITERIA:
	390	+	(2) “PROCESS” INCLUDES: 10
412	391
413		-	(1) THE ONLINE PRODUCT IS DIRECTED TO CHILDREN AS DEFINED IN
414		-	THE FEDERAL CHILDREN’S ONLINE PRIVACY PROTECTION ACT; Ch. 460 2024 LAWS OF MARYLAND
	392	+	(I) COLLECTING PERSONAL D ATA; 11
415	393
416		-	~~– 10 –~~
	394	+	(II) USING PERSONAL DATA ; 12
417	395
418		-	(2) THE ONLINE PRODUCT IS DETERMINED , BASED ON COMPETENT
419		-	AND RELIABLE EVIDENC E REGARDING AUDIENCE COMPOSITION , TO BE ROUTINELY
420		-	ACCESSED BY A SIGNIF ICANT NUMBER OF CHIL DREN;
	396	+	(III) STORING PERSONAL DATA ; 13
421	397
422		-	(3) THE ONLINE PRODUCT IS SUB STANTIALLY SIMILAR O R THE SAME
423		-	AS AN ONLINE PRODUCT THAT SATISFIES ITEM (2) OF THIS SUBSECTION ;
	398	+	(IV) DISCLOSING PERSONAL D ATA; 14
424	399
425		-	(4) THE ONLINE PRODUCT FE ATURES ADVERTISEMENT S MARKETED
426		-	TO CHILDREN;
	400	+	(V) ANALYZING PERSONAL DA TA; 15
427	401
428		-	(5) THE COVERED ENTITY ’S INTERNAL RESEARCH FINDINGS
429		-	DETERMINE THA T A SIGNIFICANT AMOU NT OF THE ONLINE PRO DUCT’S AUDIENCE IS
430		-	COMPOSED OF CHILDREN ; OR
	402	+	(VI) DELETING PERSONAL DAT A; 16
431	403
432		-	(6) THE COVERED ENTITY KN OWS OR SHOULD HAVE K NOWN THAT A
433		-	USER IS A CHILD.
	404	+	(VII) MODIFYING PERSONAL DA TA; AND 17
434	405
435		-	(V) (T) (1) “SELL” MEANS TO TRANSFER , RENT, RELEASE, DISCLOSE,
436		-	DISSEMINATE, MAKE AVAILABLE , OR OTHERWISE COMMUNIC ATE, WHETHER
437		-	ORALLY, IN WRITING, OR BY ELECTRONIC OR OTHER MEANS , A CONSUMER ’S
438		-	PERSONAL DATA , IN A TRANSACTION FOR MONETARY OR OTHER VA LUABLE
439		-	CONSIDERATION BETWEE N A COVERED ENTITY A ND A THIRD PARTY .
	406	+	(VIII) OTHERWISE HANDLING PE RSONAL DATA COLLECTING, 18
	407	+	USING, STORING, DISCLOSING, ANALYZING, DELETING, OR MODIFYING PERSONA L 19
	408	+	DATA. 20
440	409
441		-	(2) “SELL” DOES NOT INCLUDE :
	410	+	(S) (Q) (1) “PROFILING” MEANS ANY FORM OF AU TOMATED 21
	411	+	PROCESSING OF PERSON AL DATA THAT USES PE RSONAL DATA TO EVALU ATE, 22
	412	+	ANALYZE, OR PREDICT CERTAIN A SPECTS RELATING TO A N INDIVIDUAL, INCLUDING 23
	413	+	AN INDIVIDUAL ’S ECONOMIC S ITUATION, HEALTH, PERSONAL PREFERENCES , 24
	414	+	INTERESTS, RELIABILITY, BEHAVIOR, LOCATION, OR MOVEMENTS . 25
442	415
443		-	(I) THE DISCLOSURE OF PER SONAL DATA TO THE SE RVICE
444		-	PROVIDER THAT PROCES SES PERSONAL DATA ON BEHALF OF THE COVERE D ENTITY;
	416	+	(2) “PROFILING” DOES NOT INCLUDE THE PROCESSING OF 26
	417	+	PERSONAL DATA THAT D OES NOT RESULT IN AN ASSESSMENT OR JUDGME NT ABOUT 27
	418	+	AN INDIVIDUAL. 28
	419	+	10 SENATE BILL 571
445	420
446		-	(II) THE DISCLOSURE OF PER SONAL DATA TO A THIR D PARTY
447		-	FOR PURPOSES OF PROV IDING A PRODUCT OR S ERVICE REQUESTED BY THE
448		-	CONSUMER ;
449	421
450		-	(~~III~~) ~~THE DISCLOSURE OR TRA NSFER OF PERSONAL DA TA TO AN~~
451		-	~~AFFILIATE OR SUBSIDI ARY OF THE COVERED E NTITY;~~
	422	+	(T) (R) (1) “PUBLICLY AVAILABLE IN FORMATION” MEANS 1
	423	+	INFORMATION THAT : 2
452	424
453		-	(IV) THE DISCLOSURE OF PER SONAL DATA WHERE THE
454		-	CONSUMER DIRECTS THE COVERED ENTITY TO DI SCLOSE THE PERSONAL DATA OR
455		-	INTENTIONALLY USES T HE COVERED ENTITY TO INTERACT W ITH A THIRD PARTY; OR
	425	+	(I) IS LAWFULLY MADE AVAI LABLE FROM FEDERAL , STATE, OR 3
	426	+	LOCAL GOVERNMENT REC ORDS; OR 4
456	427
457		-	(V) THE DISCLOSURE OR TRA NSFER OF PERSONAL DA TA TO A
458		-	THIRD PARTY AS AN AS SET THAT IS PART OF AN ACTUAL OR PROPOSE D MERGER, WES MOORE, Governor Ch. 460
	428	+	(II) A COVERED ENTITY HAS A REASONABLE BASIS TO BELIEVE 5
	429	+	IS LAWFULLY MADE AVA ILABLE TO THE GENERA L PUBLIC BY THE CONSUMER OR BY 6
	430	+	WIDELY DISTRIBUTED M EDIA. 7
459	431
460		-	~~– 11 –~~
461		-	~~ACQUISITION, BANKRUPTCY , OR OTHER TRANSACTION , IN WHICH THE THIRD P ARTY~~
462		-	~~ASSUMES CONTROL OF ALL OR PART OF TH E COVERED ENTITY~~ ’S ~~ASSETS~~.
	432	+	(2) “PUBLICLY AVAILABLE IN FORMATION” DOES NOT INCLUDE 8
	433	+	BIOMETRIC INFORMATION DATA COLLECTED BY A COVER ED ENTITY ABOUT A 9
	434	+	CONSUMER WITHOUT THE CONSUMER ’S KNOWLEDGE . 10
463	435
464		-	(W) (1) “SENSITIVE PERSONAL DA TA” MEANS:
	436	+	(U) (S) “REASONABLY LIKELY TO BE ACCESSED BY CHILDREN ” MEANS 11
	437	+	REASONABLY EXPECTED IT IS REASONABLE TO EXPECT THAT THE ONLINE PROD UCT 12
	438	+	WOULD BE ACCESSED BY CHILDREN, BASED ON SATISFYING ANY OF THE FOLLOWING 13
	439	+	CRITERIA: 14
465	440
466		-	(I) PERSONAL DATA THAT RE VEALS A CONSUMER ’S:
	441	+	(1) THE ONLINE PRODUCT IS DIRECTED TO CHILDREN AS DEFINED IN 15
	442	+	THE FEDERAL CHILDREN’S ONLINE PRIVACY PROTECTION ACT; 16
467	443
468		-	1. SOCIAL SECURITY NUMBER , DRIVER’S LICENSE
469		-	NUMBER, STATE IDENTIFICATION CARD NUMBER , OR PASSPORT NUMBER ;
	444	+	(2) THE ONLINE PRODUCT IS DETERMINED , BASED ON COMPETENT 17
	445	+	AND RELIABLE EVIDENC E REGARDING AUDIENCE COMPOSITION , TO BE ROUTINELY 18
	446	+	ACCESSED BY A SIGNIF ICANT NUMBER OF CHIL DREN; 19
470	447
471		-	2. ACCOUNT LOGIN INFORMA TION, FINANCIAL
472		-	ACCOUNT NUMBER , DEBIT CARD NUMBER , OR CREDIT CARD NUMBE R, IN
473		-	COMBINATION WITH ANY REQUIRED SECURITY OR ACCESS CODE , PASSWORD, OR
474		-	CREDENTIALS THAT ALL OW ACCESS TO AN ACCO UNT;
	448	+	(3) THE ONLINE PRODUCT IS SUBSTANTIALLY SIM ILAR OR THE SAME 20
	449	+	AS AN ONLINE PRODUCT THAT SATISFIES ITEM (2) OF THIS SUBSECTION ; 21
475	450
476		-	3. PRECISE GEOLOCATION ;
	451	+	(4) THE ONLINE PRODUCT FE ATURES ADVERTISEMENT S MARKETED 22
	452	+	TO CHILDREN; 23
477	453
478		-	4. RACIAL OR ETHNIC ORIG IN OR RELIGIOUS OR
479		-	PHILOSOPHICAL BELIEF S;
	454	+	(5) THE COVERED ENTITY ’S INTERNAL RESEARCH FINDINGS 24
	455	+	DETERMINE THAT A SIG NIFICANT AMOUNT OF T HE ONLINE PRODUCT ’S AUDIENCE IS 25
	456	+	COMPOSED OF CHILDREN ; OR 26
480	457
481		-	~~5. MAIL,~~ ~~E–MAIL, TEXT,~~ OR ~~MESSAGE CONTENTS ,~~
482		-	~~UNLESS THE COVERED E NTITY~~ IS ~~THE INTENDE D RECIPIENT; OR~~
	458	+	(6) THE COVERED ENTITY KN OWS OR SHOULD HAVE K NOWN THAT A 27
	459	+	USER IS A CHILD. 28
483	460
484		-	6. GENETIC DATA;
	461	+	(V) (T) (1) “SELL” MEANS TO TRANSFER , RENT, RELEASE, DISCLOSE, 29
	462	+	DISSEMINATE, MAKE AVAILABLE , OR OTHERWISE COMMUNI CATE, WHETHER 30
	463	+	ORALLY, IN WRITING, OR BY ELECTRONIC OR OTHER MEANS , A CONSUMER ’S 31
	464	+	PERSONAL DATA , IN A TRANSACTION FOR MONETARY OR OTHER VA LUABLE 32
	465	+	CONSIDERATION BETWEE N A COVERED ENTITY A ND A THIRD PARTY . 33 SENATE BILL 571 11
485	466
486		-	(II) BIOMETRIC INFORMATION THAT IS OR MAY BE PR OCESSED
487		-	FOR THE PURPOSE OF UNIQUELY IDENTIFYING A CONSUM ER;
488	467
489		-	(III) PERSONAL DATA COLLECT ED AND ANALYZED CONC ERNING
490		-	A CONSUMER ’S HEALTH; OR
491	468
492		-	(IV) PERSONAL DATA COLLECT ED AND ANALYZED CONC ERNING
493		-	A CONSUMER ’S SEX LIFE OR SEXUAL ORIENTATION .
	469	+	(2) “SELL” DOES NOT INCLUDE : 1
494	470
495		-	(2) ~~“SENSITIVE PERSONAL~~ DATA~~” DOES NOT INCLUDE PUB LICLY~~
496		-	~~AVAILABLE INFORMATIO N.~~
	471	+	(I) THE DISCLOSURE OF PER SONAL DATA TO THE SERVICE 2
	472	+	PROVIDER THAT PROCES SES PERSONAL DATA ON BEHALF OF THE COVERE D ENTITY; 3
497	473
498		-	(X) (U) “SERVICE PROVIDER ” MEANS A PERSON THAT PROCESSES
499		-	PERSONAL DATA ON BEH ALF OF A COVERED ENT ITY AND THAT RECEIVE S FROM OR
500		-	ON BEHALF OF THE COV ERED ENTITY A CONSUM ER’S PERSONAL DATA FOR
501		-	BUSINESS PURPOSES IN ACCORDAN CE WITH A WRITTEN CO NTRACT, IF THE
502		-	CONTRACT PROHIBITS T HE PERSON FROM :
	474	+	(II) THE DISCLOSURE OF PER SONAL DATA TO A THIR D PARTY 4
	475	+	FOR PURPOSES OF PROV IDING A PRODUCT OR S ERVICE REQUESTED BY THE 5
	476	+	CONSUMER ; 6
503	477
504		-	(1) SELLING OR SHARING TH E PERSONAL DATA ; Ch. 460 2024 LAWS OF MARYLAND
	478	+	(III) THE DISCLOSURE OR TRA NSFER OF PERSONAL DAT A TO AN 7
	479	+	AFFILIATE OR SUBSIDI ARY OF THE COVERED E NTITY; 8
505	480
506		-	– 12 –
	481	+	(IV) THE DISCLOSURE OF PER SONAL DATA WHERE THE 9
	482	+	CONSUMER DIRECTS THE COVERED ENTITY TO DI SCLOSE THE PERSONAL DATA OR 10
	483	+	INTENTIONALLY USES T HE COVERED ENTITY TO INTERACT WITH A THIR D PARTY; OR 11
507	484
508		-	(2) RETAINING, USING, OR DISCLOSING THE PE RSONAL DATA FOR
509		-	ANY PURPOSE OTHER TH AN FOR THE BUSINESS PURPOSES SPECIFIED IN THE
510		-	CONTRACT FOR THE COV ERED ENTITY , INCLUDING RETAINING , USING, OR
511		-	DISCLOSING THE PERSO NAL DATA FOR A COMME RCIAL PURPOSE OTHER THAN THE
512		-	BUSINESS PURPOSES SP ECIFIED IN THE CONTR ACT WITH THE COVERED ENTITY, OR
513		-	AS OTHERWISE ALLOWED UNDER THIS SUBTITLE ;
	485	+	(V) THE DISCLOSURE OR TRA NSFER OF PERSONAL DA TA TO A 12
	486	+	THIRD PARTY AS AN AS SET THAT IS PART OF AN ACTUAL OR PROPOSE D MERGER, 13
	487	+	ACQUISITION, BANKRUPTCY , OR OTHER TRANSACTION , IN WHICH THE THIRD P ARTY 14
	488	+	ASSUMES CONTROL OF A LL OR PART OF THE CO VERED ENTITY’S ASSETS. 15
514	489
515		-	(3) RETAINING, USING, OR DISCLOSING THE PE RSONAL DATA
516		-	OUTSIDE THE DIRECT B USINESS RELATIONSHIP BETWEEN THE SERVICE PROVIDER
517		-	AND THE COVERED ENTI TY; AND
	490	+	(W) (1) “SENSITIVE PERSONAL DA TA” MEANS: 16
518	491
519		-	(4) COMBINING THE PERSONA L DATA THAT THE SERV ICE PROVIDER
520		-	RECEIVES FROM , OR ON BEHALF OF , THE COVERE D ENTITY WITH PERSON AL DATA
521		-	THAT IT RECEIVES FRO M, OR ON BEHALF OF , ANOTHER PERSON OR PE RSONS, OR
522		-	COLLECTS FROM ITS OW N INTERACTION WITH T HE CONSUMER .
	492	+	(I) PERSONAL DATA THAT RE VEALS A CONSUMER ’S: 17
523	493
524		-	(Y) (V) “SHARE” MEANS TO RENT , RELEASE, DISSEMINATE, MAKE
525		-	AVAILABLE, TRANSFER, OR OTHERWISE COMMUNI CATE, WHETHER ORALLY , IN
526		-	WRITING, OR BY ELECTRONIC OR OTHER MEANS , A CONSUMER ’S PERSONAL DATA TO
527		-	A THIRD PARTY FOR CR OSS–CONTEXT BEHAVIORAL A DVERTISING WHETHER O R NOT
528		-	FOR MONETARY OR OTHE R VALUABLE CONSIDERA TION, INCLUDING IN A
529		-	TRANSACTION BETWEEN A COVERED EN TITY AND A THIRD PAR TY FOR TARGETED
530		-	ADVERTISING FOR THE BENEFIT OF A COVERED ENTITY IN WHICH NO M ONEY IS
531		-	EXCHANGED .
	494	+	1. SOCIAL SECURITY NUMBER , DRIVER’S LICENSE 18
	495	+	NUMBER, STATE IDENTIFICATION CARD NUMBER , OR PASSPORT NUMBER ; 19
532	496
533		-	(Z) (1) “TARGETED ADVERTISING ” MEANS DISPLAYING
534		-	ADVERTISEMENTS TO A CONSUMER WHERE THE A DVERTISEMENT IS SELE CTED
535		-	BASED ON PERSONAL DA TA OBTAINED OR INFERRED FROM THAT CONSUMER ’S
536		-	ACTIVITIES OVER TIME AND ACROSS NONAFFILI ATED INTERNET WEBSITES OR
537		-	ONLINE APPLICATIONS TO PREDICT THE CONSU MER’S PREFERENCES OR
538		-	INTERESTS.
	497	+	2. ACCOUNT LOGIN INFORMA TION, FINANCIAL 20
	498	+	ACCOUNT NUMBER , DEBIT CARD NUMBER , OR CREDIT CARD NUMBE R, IN 21
	499	+	COMBINATION WITH ANY REQUIRED SECURITY OR ACCESS CODE , PASSWORD, OR 22
	500	+	CREDENTIALS THAT ALL OW ACCESS TO AN ACCO UNT; 23
539	501
540		-	~~(2) “TARGETED~~ ~~ADVERTISING ” DOES NOT INCLUDE :~~
	502	+	3. PRECISE GEOLOCATION ; 24
541	503
542		-	~~(I) ADVERTISEMENTS BASE D ON ACTIVITIES WITH~~ IN A
543		-	~~COVERED ENTITY ’~~S ~~OWN INTERNET WEBSITES OR ONLINE APPLICATIONS~~ ;
	504	+	4. RACIAL OR ETHNIC ORIG IN OR RELIGIOUS OR 25
	505	+	PHILOSOPHICAL BELIEF S; 26
544	506
545		-	(II) ADVERTISEMENTS BASED ON THE CONTEXT OF A
546		-	CONSUMER ’S CURRENT SEARCH QUE RY, VISIT TO AN INTERNET WEBSITE , OR USE OF
547		-	AN ONLINE APPLICATIO N;
548		-	WES MOORE, Governor Ch. 460
	507	+	5. MAIL, E–MAIL, TEXT, OR MESSAGE CONTENTS , 27
	508	+	UNLESS THE COVERED E NTITY IS THE INTENDE D RECIPIENT; OR 28
549	509
550		-	– 13 –
551		-	(III) ADVERTISEMEN TS DIRECTED TO A CON SUMER IN
552		-	RESPONSE TO THE CONS UMER’S REQUEST FOR INFORM ATION OR FEEDBACK ; OR
	510	+	6. GENETIC DATA; 29
	511	+	12 SENATE BILL 571
553	512
554		-	(IV) PROCESSING PERSONAL D ATA SOLELY TO MEASUR E OR
555		-	REPORT ADVERTISING F REQUENCY, PERFORMANCE , OR REACH.
556	513
557		-	(AA) (W) “THIRD PARTY” MEANS A PERSON WHO I S NOT:
	514	+	(II) BIOMETRIC INFORMATION THAT IS OR MAY BE PR OCESSED 1
	515	+	FOR THE PURPOSE OF U NIQUELY IDENTI FYING A CONSUMER ; 2
558	516
559		-	(1) THE COVERED ENTITY WI TH WHICH THE CONSUME R
560		-	INTENTIONALLY INTERA CTS AND THAT COLLECT S PERSONAL DATA FROM THE
561		-	CONSUMER AS PART OF THE CONSUMER ’S INTERACTION WITH T HE COVERED
562		-	ENTITY; OR
	517	+	(III) PERSONAL DATA COLLECT ED AND ANALYZED CONC ERNING 3
	518	+	A CONSUMER ’S HEALTH; OR 4
563	519
564		-	(2) A SERVICE PROVIDER FOR THE COVERED ENTITY .
	520	+	(IV) PERSONAL DATA COLLECT ED AND ANALYZED CONC ERNING 5
	521	+	A CONSUMER ’S SEX LIFE OR SEXUAL ORIENTATION . 6
565	522
566		-	14–4602.
	523	+	(2) “SENSITIVE PERSONAL DA TA” DOES NOT INCLUDE PUB LICLY 7
	524	+	AVAILABLE INFORMATIO N. 8
567	525
568		-	THIS SUBTITLE DOES NOT AP PLY TO:
	526	+	(X) (U) “SERVICE PROVIDER ” MEANS A PERSON THAT PROCESSES 9
	527	+	PERSONAL DATA ON BEH ALF OF A COVERED ENT ITY AND THAT RECEIVE S FROM OR 10
	528	+	ON BEHALF OF THE COV ERED ENTITY A CONSUM ER’S PERSONAL DATA FOR 11
	529	+	BUSINESS PURPOSES IN ACCORDANCE WITH A WRITTEN CONTRACT , IF THE 12
	530	+	CONTRACT PROHIBITS T HE PERSON FROM : 13
569	531
570		-	(1) DATA SUBJECT TO A STA TUTE OR REGULATION I DENTIFIED
571		-	UNDER ITEM (I) OF THIS ITEM THAT IS CONTROLLED BY A COVE RED ENTITY OR
572		-	SERVICE PROVIDER THA T IS:
	532	+	(1) SELLING OR SHARING TH E PERSONAL DATA ; 14
573	533
574		-	(I) REQUIRED TO COMPLY WI TH:
	534	+	(2) RETAINING, USING, OR DISCLOSING THE PE RSONAL DATA FOR 15
	535	+	ANY PURPOSE OTHER TH AN FOR THE BUSINESS PURPOSES SPECIFIED I N THE 16
	536	+	CONTRACT FOR THE COV ERED ENTITY , INCLUDING RETAINING , USING, OR 17
	537	+	DISCLOSING THE PERSO NAL DATA FOR A COMME RCIAL PURPOSE OTHER THAN THE 18
	538	+	BUSINESS PURPOSES SP ECIFIED IN THE CONTR ACT WITH THE COVERED ENTITY, OR 19
	539	+	AS OTHERWISE ALLOWED UNDER THIS SUBTITLE ; 20
575	540
576		-	1. TITLE V OF THE FEDERAL GRAMM–LEACH–BLILEY
577		-	ACT;
	541	+	(3) RETAINING, USING, OR DISCLOSING THE PERSON AL DATA 21
	542	+	OUTSIDE THE DIRECT B USINESS RELATIONSHIP BETWEEN THE SERVICE PROVIDER 22
	543	+	AND THE COVERED ENTI TY; AND 23
578	544
579		-	2. THE FEDERAL HEALTH INFORMATION TECHNOLOGY
580		-	FOR ECONOMIC AND CLINICAL HEALTH ACT; OR
	545	+	(4) COMBINING THE PERSONA L DATA THAT THE SERV ICE PROVIDER 24
	546	+	RECEIVES FROM , OR ON BEHALF OF , THE COVERED ENTITY W ITH PERSONAL DATA 25
	547	+	THAT IT RECEIVES FRO M, OR ON BEHALF OF , ANOTHER PERSON OR PE RSONS, OR 26
	548	+	COLLECTS FROM ITS OW N INTERACTION WITH T HE CONSUMER . 27
581	549
582		-	3. REGULATIONS PROMULGAT ED UNDER § 264(C) OF
583		-	THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996; AND
	550	+	(Y) (V) “SHARE” MEANS TO RENT , RELEASE, DISSEMINATE, MAKE 28
	551	+	AVAILABLE, TRANSFER, OR OTHERWISE COMMUNI CATE, WHETHER ORALLY , IN 29
	552	+	WRITING, OR BY ELECTRONIC OR OTHER MEANS , A CONSUMER ’S PERSONAL DATA TO 30
	553	+	A THIRD PARTY FOR CR OSS–CONTEXT BEHAVIORAL A DVERTISING WHETHER O R NOT 31
	554	+	FOR MONETARY OR OTHE R VALUABLE CONSIDERA TION, INCLUDING IN A 32
	555	+	TRANSACTION BETWEEN A COVERED EN TITY AND A THIRD PAR TY FOR TARGETED 33
	556	+	ADVERTISING FOR THE BENEFIT OF A COVERED ENTITY IN WHICH NO M ONEY IS 34
	557	+	EXCHANGED . 35 SENATE BILL 571 13
584	558
585		-	(II) IN COMPLIANCE WITH TH E INFORMATION SECURITY
586		-	REQUIREMENTS OF APPL ICABLE STATUTES OR R EGULATIONS IDENTIFIE D IN ITEM
587		-	(I) OF THIS ITEM; OR PROTECTED HEALTH INFO RMATION THAT IS COLL ECTED BY A
588		-	COVERED ENTITY OR BU SINESS ASSOCIATION G OVERNED BY THE PRIVA CY
589		-	SECURITY AND BREACH NOTIFICATION RULES IN 45 C.F.R. PARTS 160 AND 164,
590		-	ESTABLISHED UNDER TH E FEDERAL HEALTH INSURANCE PORTABILITY AND
591		-	ACCOUNTABILITY ACT OF 1996 AND THE FEDERAL HEALTH INFORMATION
592		-	TECHNOLOGY FOR ECONOMIC AND CLINICAL HEALTH ACT;
593		-	Ch. 460 2024 LAWS OF MARYLAND
594	559
595		-	– 14 –
596		-	(2) A COVERED ENTITY GOVER NED BY THE PRIVACY SECURITY AND
597		-	BREACH NOTIFICATION RULES IN 45 C.F.R. PARTS 160 AND 164, ESTABLISHED
598		-	UNDER THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY
599		-	ACT OF 1996 AND THE FEDERAL HEALTH INFORMATION TECHNOLOGY FOR
600		-	ECONOMIC AND CLINICAL HEALTH ACT, TO THE EXTENT THAT THE COVERED
601		-	ENTITY MAINTAINS PAT IENT INFORMATION IN THE SAME MANNER AS M EDICAL
602		-	INFORMATION OR PROTE CTED HEALTH INFORMAT ION AS DESCRIBED IN ITEM (1) OF
603		-	THIS SECTION; OR
604	560
605		-	(3) (2) INFORMATION COLLECTED AS PART OF A CLINICA L TRIAL
606		-	SUBJECT TO THE FEDERAL POLICY FOR THE PROTECTION OF HUMAN SUBJECTS,
607		-	IN ACCORDANCE WITH :
	561	+	(Z) (1) “TARGETED ADVERTISING ” MEANS DISPLAYING 1
	562	+	ADVERTISEMENTS TO A CONSUMER WHERE THE A DVERTISEMENT IS SELE CTED 2
	563	+	BASED ON PERSONAL DA TA OBTAINED OR INFER RED FROM THAT CONSUMER ’S 3
	564	+	ACTIVITIES OVER TIME AND ACROSS NONAFFILI ATED INTERNET WEBSITES OR 4
	565	+	ONLINE APPLICATIONS TO PREDICT THE CONSU MER’S PREFERENCES OR 5
	566	+	INTERESTS. 6
608	567
609		-	(I) GOOD CLINICAL PRACTIC E GUIDELINES ISSUED BY THE
610		-	INTERNATIONAL COUNCIL FOR HARMONISATION OF TECHNICAL REQUIREMENTS
611		-	FOR PHARMACEUTICALS FOR HUMAN USE; OR
	568	+	(2) “TARGETED ADVERTISING ” DOES NOT INCLUDE : 7
612	569
613		-	(II) ~~HUMAN SUB JECT PROTECTION REQU IREMENTS OF THE~~
614		-	U.S~~. FOOD AND DRUG ADMINISTRATION .~~
	570	+	(I) ADVERTISEMENTS BASED ON ACTIVITIES WITHIN A 8
	571	+	COVERED ENTITY ’S OWN INTERNET WEBSITES OR ONLINE APPLICATIONS ; 9
615	572
616		-	14–4603.
	573	+	(II) ADVERTISEMENTS BASED ON THE CONTEXT OF A 10
	574	+	CONSUMER ’S CURRENT SEARCH QUE RY, VISIT TO AN INTERNET WEBSITE , OR USE OF 11
	575	+	AN ONLINE APPLICATIO N; 12
617	576
618		-	IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT :
	577	+	(III) ADVERTISEMENTS DIRECT ED TO A CONSUMER IN 13
	578	+	RESPONSE TO THE CONS UMER’S REQUEST FOR INFORM ATION OR FEEDBACK ; OR 14
619	579
620		-	(1) CHILDREN SHOULD BE AF FORDED PROTECTIONS N OT ONLY BY
621		-	ONLINE PRODUCTS SPEC IFICALLY DIRECTED AT THEM, BUT BY ALL ONLINE
622		-	PRODUCTS THEY ARE RE ASONABLY LIKELY TO A CCESS;
	580	+	(IV) PROCESSING PERSONAL D ATA SOLELY TO MEASUR E OR 15
	581	+	REPORT ADVERTISING F REQUENCY, PERFORMANCE , OR REACH. 16
623	582
624		-	(2) COVERED ENTITIES THAT DEVELOP AND PROVIDE ONLINE
625		-	SERVICES PRODUCTS THAT CHILDREN ARE REASONABLY LIKELY TO ACCESS SHA LL
626		-	ENSURE THE BEST INTE RESTS OF CHILDREN WH EN DESIGNING, DEVELOPING , AND
627		-	PROVIDING THO SE ONLINE PRODUCTS ;
	583	+	(AA) (W) “THIRD PARTY” MEANS A PERSON WHO I S NOT: 17
628	584
629		-	(3) ALL COVERED ENTITIES THAT OPERATE IN THE STATE AND
630		-	PROCESS CHILDREN ’S DATA IN ANY CAPACI TY SHALL DO SO IN A MANNER
631		-	CONSISTENT WITH THE BEST INTERESTS OF CH ILDREN;
	585	+	(1) THE COVERED ENTITY WITH WHICH THE CONSU MER 18
	586	+	INTENTIONALLY INTERA CTS AND THAT COLLECT S PERSONAL DATA FROM THE 19
	587	+	CONSUMER AS PART OF THE CONSUMER ’S INTERACTION WITH T HE COVERED 20
	588	+	ENTITY; OR 21
632	589
633		-	(4) IF A CONFLICT ARISES BETWEEN COMMERCIAL I NTERESTS AND
634		-	THE BEST INTERESTS OF CHI LDREN, COVERED ENTITIES THA T DEVELOP ONLINE
635		-	PRODUCTS LIKELY TO B E ACCESSED BY CHILDR EN SHALL GIVE PRIORITY TO
636		-	PRIORITIZE THE PRIVACY, SAFETY, AND WELL–BEING OF CHILDREN OVER THOSE
637		-	COMMERCIAL INTERESTS; AND;
638		-	WES MOORE, Governor Ch. 460
	590	+	(2) A SERVICE PROVIDER FOR THE COVERED ENTITY . 22
639	591
640		-	– 15 –
641		-	(5) NOTHING IN THIS SUBTI TLE MAY BE CONSTRUED TO INFRINGE ON
642		-	THE EXISTING RIGHTS AND FREEDOMS OF CHIL DREN REQUIRE A COVERED EN TITY
643		-	TO MONITOR OR CENSOR THIRD–PARTY CONTENT OR OTH ERWISE IMPACT THE
644		-	EXISTING RIGHTS AND FREEDOMS OF ANY PERS ON; AND
	592	+	14–4602. 23
645	593
646		-	(6) NOTHING I N THIS SUBTITLE MAY BE CONSTRUED TO
647		-	DISCRIMINATE AGAINST CHILDREN ON THE BASI S OF RACE, COLOR, RELIGION,
648		-	NATIONAL ORIGIN , DISABILITY, GENDER IDENTITY , SEX, OR SEXUAL ORIENTATIO N.
	594	+	THIS SUBTITLE DOES NO T APPLY TO: 24
649	595
650		-	14–4604.
	596	+	(1) DATA SUBJECT TO A STA TUTE OR REGULATION I DENTIFIED 25
	597	+	UNDER ITEM (I) OF THIS ITEM THAT IS CONTROLLED BY A COVE RED ENTITY OR 26
	598	+	SERVICE PROVIDER THA T IS: 27
651	599
652		-	(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A COVERED
653		-	ENTITY THAT PROVIDES A N ONLINE PRODUCT REA SONABLY LIKELY TO BE
654		-	ACCESSED BY CHILDREN SHALL PREPARE A DATA PROTECTION IMPACT
655		-	ASSESSMENT FOR THE O NLINE PRODUCT .
	600	+	(I) REQUIRED TO COMPLY WI TH: 28
656	601
657		-	(2) ON OR BEFORE APRIL 1, 2026, A COVERED ENTITY SHA LL
658		-	PREPARE A DATA PROTE CTION IMPACT ASSESSMENT FOR ANY O NLINE PRODUCT
659		-	THAT:
	602	+	1. TITLE V OF THE FEDERAL GRAMM–LEACH–BLILEY 29
	603	+	ACT; 30 14 SENATE BILL 571
660	604
661		-	(I) MEETS THE CRITERIA UN DER PARAGRAPH (1) OF THIS
662		-	SUBSECTION;
663	605
664		-	(II) IS OFFERED TO THE PUB LIC ON OR BEFORE APRIL 1, 2026;
665		-	AND
666	606
667		-	~~(III) WILL CONTINUE TO BE O FFERED TO~~ THE ~~PUBLIC AFTER~~
668		-	~~JULY 1,~~ ~~2026.~~
	607	+	2. THE FEDERAL HEALTH INFORMATION TECHNOLOGY 1
	608	+	FOR ECONOMIC AND CLINICAL HEALTH ACT; OR 2
669	609
670		-	(3) FOR AN ONLINE PRODUCT TH AT MEETS THE CRITERI A UNDER
671		-	PARAGRAPH (1) OF THIS SUBSECTION A ND IS INITIALLY OFFE RED TO THE PUBLIC
672		-	AFTER APRIL 1, 2026, A COVERED ENTITY SHA LL COMPLETE A DATA P ROTECTION
673		-	IMPACT ASSESSMENT WITHIN 90 DAYS AFTER THE ONLIN E PRODUCT IS OFFE RED TO
674		-	THE PUBLIC.
	610	+	3. REGULATIONS PROMULGAT ED UNDER § 264(C) OF 3
	611	+	THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996; AND 4
675	612
676		-	(B) THE DATA PROTECTION I MPACT ASSESSMENT SHA LL:
	613	+	(II) IN COMPLIANCE WITH TH E INFORMATION SECURI TY 5
	614	+	REQUIREMENTS OF APPL ICABLE STATUTES OR R EGULATIONS IDENTIFIE D IN ITEM 6
	615	+	(I) OF THIS ITEM; OR PROTECTED HEALTH INFO RMATION THAT IS COLL ECTED BY A 7
	616	+	COVERED ENTITY OR BU SINESS ASSOCIATION G OVERNED BY THE PRIVA CY 8
	617	+	SECURITY AND BREACH NOTIFICATION RULES I N 45 C.F.R. PARTS 160 AND 164, 9
	618	+	ESTABLISHED UNDER TH E FEDERAL HEALTH INSURANCE PORTABILITY AND 10
	619	+	ACCOUNTABILITY ACT OF 1996 AND THE FEDERAL HEALTH INFORMATION 11
	620	+	TECHNOLOGY FOR ECONOMIC AND CLINICAL HEALTH ACT; 12
677	621
678		-	(1) IDENTIFY THE PURPOSE OF THE ONLINE PRODUC T;
	622	+	(2) A COVERED ENTITY GOVER NED BY THE PRIVACY S ECURITY AND 13
	623	+	BREACH NOTIFICATION RULES IN 45 C.F.R. PARTS 160 AND 164, ESTABLISHED 14
	624	+	UNDER THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY 15
	625	+	ACT OF 1996 AND THE FEDERAL HEALTH INFORMATION TECHNOLOGY FOR 16
	626	+	ECONOMIC AND CLINICAL HEALTH ACT, TO THE EXTENT THAT T HE COVERED 17
	627	+	ENTITY MAINTAINS PAT IENT INFORMATION IN THE SAME MANNER AS M EDICAL 18
	628	+	INFORMATION OR PROTE CTED HEALTH INFORMAT ION AS DESCRIBED IN ITEM (1) OF 19
	629	+	THIS SECTION; OR 20
679	630
680		-	(2) IDENTIFY HOW THE ONLI NE PRODUCT USES CHIL DREN’S DATA;
	631	+	(3) (2) INFORMATION COLLECTED AS PART OF A CLINICA L TRIAL 21
	632	+	SUBJECT TO THE FEDERAL POLICY FOR THE PROTECTION OF HUMAN SUBJECTS, 22
	633	+	IN ACCORDANCE WITH : 23
681	634
682		-	(3) DETERMINE WHETHER THE ONLINE PRODUCT IS DE SIGNED AND
683		-	OFFERED IN A MANNER CONSISTE NT WITH THE BEST INT ERESTS OF CHILDREN Ch. 460 2024 LAWS OF MARYLAND
	635	+	(I) GOOD CLINICAL PRACTIC E GUIDELINES ISSUED BY THE 24
	636	+	INTERNATIONAL COUNCIL FOR HARMONISATION OF TECHNICAL REQUIREMENTS 25
	637	+	FOR PHARMACEUTICALS FOR HUMAN USE; OR 26
684	638
685		-	– 16 –
686		-	REASONABLY LIKELY TO ACCESS THE ONLINE PR ODUCT THROUGH CONSID ERATION
687		-	OF:
	639	+	(II) HUMAN SUBJECT PROTECT ION REQU IREMENTS OF THE 27
	640	+	U.S. FOOD AND DRUG ADMINISTRATION . 28
688	641
689		-	(I) WHETHER THE DATA MANA GEMENT OR PROCESSING
690		-	PRACTICES OF THE ONL INE PRODUCT COULD LE AD TO CHILDREN EXPER IENCING OR
691		-	BEING TARGETED BY CONT ACTS THAT WOULD RESU LT IN:
	642	+	14–4603. 29
692	643
693		-	1. REASONABLY FORESEEABL E AND MATERIAL
694		-	PHYSICAL OR FINANCIA L HARM TO THE CHILD CHILDREN;
	644	+	IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT : 30
695	645
696		-	2. REASONABLY FORESEEABL E AND EXTREME
697		-	PSYCHOLOGICAL OR EMO TIONAL HARM TO THE CHILD CHILDREN;
	646	+	(1) CHILDREN SHOULD BE AF FORDED PROTECTIONS N OT ONLY BY 31
	647	+	ONLINE PRODUCTS SPEC IFICALLY DIRECTED AT THEM, BUT BY ALL ONLINE 32
	648	+	PRODUCTS THEY ARE RE ASONABLY LIKELY TO ACC ESS; 33
	649	+	SENATE BILL 571 15
698	650
699		-	3. A HIGHLY OFFENSIVE INT RUSION ON THE CHILD’S
700		-	CHILDREN’S REASONABLE EXPECTATI ON OF PRIVACY; OR
701	651
702		-	4. DISCRIMINATION AGAINS T THE CHILD CHILDREN
703		-	BASED ON RACE , COLOR, RELIGION, NATIONAL ORIGIN , DISABILITY, GENDER
704		-	IDENTITY, SEX, OR SEXUAL ORIENTATIO N;
	652	+	(2) COVERED ENTITIES THAT DEVELOP AND PROVIDE ONLINE 1
	653	+	SERVICES PRODUCTS THAT CHILDREN ARE REASONABLY LIKELY TO ACCESS SHA LL 2
	654	+	ENSURE THE BEST INTE RESTS OF CHILDREN WH EN DESIGNING, DEVELOPING , AND 3
	655	+	PROVIDING THOSE ONLI NE PRODUCTS ; 4
705	656
706		-	(II) ~~WHETHER~~ THE ~~DATA MANA GEMENT OR PROCESSING~~
707		-	~~PRACTICES OF THE ONL INE PRODUCT COULD PE RMIT~~ CHILDREN ~~TO WITNESS,~~
708		-	~~PARTICIPATE IN,~~ ~~OR BE SUBJECT TO CON DUCT THAT WOULD RESU LT IN:~~
	657	+	(3) ALL COVERED ENTITIES THAT OPERATE IN THE STATE AND 5
	658	+	PROCESS CHILDREN ’S DATA IN ANY CAPACI TY SHALL DO SO IN A MANNER 6
	659	+	CONSISTENT WITH THE BEST INTERESTS OF CH ILDREN; 7
709	660
710		-	1. REASONABLY FORESEEABL E AND MATERIAL
711		-	PHYSICAL OR FINANCIA L HARM TO THE CHILD CHILDREN;
	661	+	(4) IF A CONFLICT ARISES BETWEEN COMMERCIAL I NTERESTS AND 8
	662	+	THE BEST INTERESTS O F CHILDREN, COVERED ENTITIES THA T DEVELOP ONLINE 9
	663	+	PRODUCTS LIKELY TO B E ACCESSED BY CHILDR EN SHALL GIVE PRIORITY TO 10
	664	+	PRIORITIZE THE PRIVACY, SAFETY, AND WELL–BEING OF CHILDREN OVER THOSE 11
	665	+	COMMERCIAL INTERESTS; AND; 12
712	666
713		-	2. REASONABLY FORESEEABL E AND EXTREME
714		-	PSYCHOLOGICAL OR EMO TIONAL HARM TO THE CHILD CHILDREN;
	667	+	(5) NOTHING IN THIS SUBTI TLE MAY BE CONSTRUED TO INFRINGE ON 13
	668	+	THE EXISTING RIGHTS AND FREEDOMS OF CHIL DREN REQUIRE A COVERED EN TITY 14
	669	+	TO MONITOR OR CENSOR THIRD–PARTY CONTENT OR OTH ERWISE IMPACT THE 15
	670	+	EXISTING RIGHTS AND FREEDOMS OF ANY PERS ON; AND 16
715	671
716		-	3. A HIGHLY OFFENSIVE INT RUSION ON THE CHILD’S
717		-	CHILDREN’S REASONABLE EXPECTATI ON OF PRIVACY; OR
	672	+	(6) NOTHING I N THIS SUBTITLE MAY BE CONSTRUED TO 17
	673	+	DISCRIMINATE AGAINST CHILDREN ON THE BASI S OF RACE, COLOR, RELIGION, 18
	674	+	NATIONAL ORIGIN , DISABILITY, GENDER IDENTITY , SEX, OR SEXUAL ORIENTATIO N. 19
718	675
719		-	4. DISCRIMINATION AGAINS T THE CHILD CHILDREN
720		-	BASED ON RACE , COLOR, RELIGION, NATIONAL ORIGIN , DISABILITY, GENDER
721		-	IDENTITY, SEX, OR SEXUAL ORIENTATIO N;
	676	+	14–4604. 20
722	677
723		-	(III) WHETHER THE DATA MANA GEMENT OR PROCESSING
724		-	PRACTICES OF THE ONL INE PRODUCT ARE REAS ONABLY EXPECTED TO A LLOW
725		-	CHILDREN BECOMING PA RTY TO OR EXPLOITED BY A CONTR ACT THROUGH THE
726		-	ONLINE PRODUCT THAT WOULD RESULT IN :
727		-	WES MOORE, Governor Ch. 460
	678	+	(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A COVERED 21
	679	+	ENTITY THAT PROVIDES A N ONLINE PRODUCT REA SONABLY LIKELY TO BE 22
	680	+	ACCESSED BY CHILDREN SHALL PREPARE A DATA PROTECTION IMPACT 23
	681	+	ASSESSMENT FOR THE O NLINE PRODUCT . 24
728	682
729		-	~~– 17 –~~
730		-	1. ~~REASONABLY FORESEEABL E AND MATERIAL~~
731		-	~~PHYSICAL OR FINANCIA L HARM TO THE CHILD CHILDREN;~~
	683	+	(2) ON OR BEFORE APRIL 1, 2026, A COVERED ENTITY SHA LL 25
	684	+	PREPARE A DATA PROTE CTION IMPACT ASSESSMENT FOR ANY O NLINE PRODUCT 26
	685	+	THAT: 27
732	686
733		-	~~2. REASONABLY FORESEEABL E AND EXTREME~~
734		-	~~PSYCHOLOGICAL OR EMO TIONAL HARM TO THE CHILD CHILDREN~~;
	687	+	(I) MEETS THE CRITERIA UN DER PARAGRAPH (1) OF THIS 28
	688	+	SUBSECTION; 29
735	689
736		-	~~3. A HIGHLY OFFENSIVE INT RUSION~~ ON ~~THE CHILD’S~~
737		-	~~CHILDREN’S REASONABLE EXPECTATI ON OF PRIVACY; OR~~
	690	+	(II) IS OFFERED TO THE PUB LIC ON OR BEFORE APRIL 1, 2026; 30
	691	+	AND 31
738	692
739		-	~~4. DISCRIMINATION AGAINS T~~ THE ~~CHILD CHILDREN~~
740		-	~~BASED ON RACE~~ , ~~COLOR, RELIGION,~~ ~~NATIONAL ORIGIN , DISABILITY, GENDER~~
741		-	~~IDENTITY, SEX,~~ ~~OR SEXUAL OR IENTATION;~~
	693	+	(III) WILL CONTINUE TO BE O FFERED TO THE PUBLIC AFTER 32
	694	+	JULY 1, 2026. 33
	695	+	16 SENATE BILL 571
742	696
743		-	(IV) WHETHER TARGETED ADVE RTISING SYSTEMS USED BY THE
744		-	ONLINE PRODUCT WOULD RESULT IN:
745	697
746		-	1. REASONABLY FORESEEABL E AND MATERIAL
747		-	PHYSICAL OR FINANCIA L HARM TO THE CHILD ;
	698	+	(3) FOR AN ONLINE PRODUCT TH AT MEETS THE CRITERI A UNDER 1
	699	+	PARAGRAPH (1) OF THIS SUBSECTION A ND IS INITIALLY OFFE RED TO THE PUBLIC 2
	700	+	AFTER APRIL 1, 2026, A COVERED ENTITY SHA LL COMPLETE A DATA P ROTECTION 3
	701	+	IMPACT ASSESSMENT WITHIN 90 DAYS AFTER THE ONLIN E PRODUCT IS OFFE RED TO 4
	702	+	THE PUBLIC. 5
748	703
749		-	2. REASONABLY FORESEEABL E AND EXTREME
750		-	PSYCHOLOGICAL OR EMO TIONAL HARM TO THE CHILD ;
	704	+	(B) THE DATA PROTECTION I MPACT ASSESSMENT SHA LL: 6
751	705
752		-	3. A HIGHLY OFFENSIVE INT RUSION ON THE CHILD ’S
753		-	CHILDREN’S REASONABLE EXPECTATI ON OF PRIVACY; OR
	706	+	(1) IDENTIFY THE PURPOSE OF THE ONLINE PRODUC T; 7
754	707
755		-	4. DISCRIMINATION AGAINS T THE CHILD BASED ON
756		-	RACE, COLOR, RELIGION, NATIONAL ORIGIN , DISABILITY, SEX, OR SEXUAL
757		-	ORIENTATION ;
	708	+	(2) IDENTIFY HOW THE ONLI NE PRODUCT USES CHIL DREN’S DATA; 8
758	709
759		-	(V) WHETHER THE ONLINE ~~PR ODUCT USES SYSTEM~~ DE ~~SIGN~~
760		-	~~FEATURES TO INCREASE , SUSTAIN,~~ ~~OR EXTEND~~ THE ~~USE~~ OF ~~THE ONLINE PRODUCT ,~~
761		-	~~INCLUDING~~ THE ~~AUTOMA TIC PLAYING OF MEDIA , REWARDS FOR TIME SPE NT, AND~~
762		-	~~NOTIFICATIONS THAT W OULD RESULT IN~~ :
	710	+	(3) DETERMINE WHETHER THE ONLINE PRODUCT IS DE SIGNED AND 9
	711	+	OFFERED IN A MANNER CONSISTENT WIT H THE BEST INTERESTS OF CHILDREN 10
	712	+	REASONABLY LIKELY TO ACCESS THE ONLINE PR ODUCT THROUGH CONSID ERATION 11
	713	+	OF: 12
763	714
764		-	1. REASONABLY FORESEEABL E AND MATERIAL
765		-	PHYSICAL OR FINANCIA L HARM TO THE CHILD CHILDREN;
	715	+	(I) WHETHER THE DATA MANA GEMENT OR PROCESSING 13
	716	+	PRACTICES OF THE ONL INE PRODUCT COULD LE AD TO CHILDREN EXPER IENCING OR 14
	717	+	BEING TARGETED BY CONTACTS TH AT WOULD RESULT IN : 15
766	718
767		-	2. REASONABLY FORESEEABL E AND ~~EXTREME~~
768		-	~~PSYCHOLOGICAL~~ OR ~~EMO TIONAL~~ HARM TO THE CHILD CHILDREN;
	719	+	1. REASONABLY FORESEEABL E AND MATERIAL 16
	720	+	PHYSICAL OR FINANCIA L HARM TO THE CHILD CHILDREN; 17
769	721
770		-	3. A HIGHLY OFFENSIVE INT RUSION ON THE CHILD’S
771		-	CHILDREN’S REASONABLE EXPECTATI ON OF PRIVACY; OR
772		-	Ch. 460 2024 LAWS OF MARYLAND
	722	+	2. REASONABLY FORESEEABL E AND EXTREME 18
	723	+	PSYCHOLOGICAL OR EMO TIONAL HARM TO THE CHILD CHILDREN; 19
773	724
774		-	– 18 –
775		-	4. DISCRIMINATION AGAINS T THE CHILD CHILDREN
776		-	BASED ON RACE , COLOR, RELIGION, NATIONAL ORIGIN , DISABILITY, GENDER
777		-	IDENTITY, SEX, OR SEXUAL ORIENTATIO N;
	725	+	3. A HIGHLY OFFENSIVE INT RUSION ON THE CHILD’S 20
	726	+	CHILDREN’S REASONABLE EXPECTATI ON OF PRIVACY; OR 21
778	727
779		-	~~(VI) (V) WHETHER,~~ ~~HOW, AND FOR WHAT PURPOSE~~ THE
780		-	~~ONLINE PRODUCT COLLECTS OR PROCESSES SENSITIVE PERSONAL DATA OF~~
781		-	~~CHILDREN AND WHETHER THOSE PRACTICES WOUL D RESULT IN:~~
	728	+	4. DISCRIMINATION AGAINS T THE CHILD CHILDREN 22
	729	+	BASED ON RACE , COLOR, RELIGION, NATIONAL ORIGIN , DISABILITY, GENDER 23
	730	+	IDENTITY, SEX, OR SEXUAL ORIENTATIO N; 24
782	731
783		-	1. REASONABLY FORESEEABL E AND MATERIAL
784		-	PHYSICAL OR FINANCIA L HARM TO THE CHILD CHILDREN;
	732	+	(II) WHETHER THE DATA MANA GEMENT OR PROCESSING 25
	733	+	PRACTICES OF THE ONL INE PRODUCT COULD PE RMIT CHILDREN TO WITNESS, 26
	734	+	PARTICIPATE IN, OR BE SUBJECT TO CON DUCT THAT WOULD RESU LT IN: 27
785	735
786		-	2. REASONABLY FORESEEABL E AND ~~EXTREME~~
787		-	~~PSYCHOLO GICAL~~ OR ~~EMOTIONAL H ARM~~ TO THE CHILD CHILDREN;
	736	+	1. REASONABLY FORESEEABL E AND MATERIAL 28
	737	+	PHYSICAL OR FINANCIA L HARM TO THE CHILD CHILDREN; 29
788	738
789		-	3. A HIGHLY OFFENSIVE INT RUSION ON THE CHILD’S
790		-	CHILDREN’S REASONABLE EXPECTATI ON OF PRIVACY; OR
	739	+	2. REASONABLY FORESEEABL E AND EXTREME 30
	740	+	PSYCHOLOGICAL OR EMO TIONAL HARM TO THE CHILD CHILDREN; 31
	741	+	SENATE BILL 571 17
791	742
792		-	4. DISCRIMINATION AGAINS T THE CHILD CHILDREN
793		-	BASED ON RACE , COLOR, RELIGION, NATIONAL ORIGIN , DISABILITY, GENDER
794		-	IDENTITY, SEX, OR SEXUAL ORIENTATIO N;
795	743
796		-	(VII) (VI) WHETHER AND HOW DATA COLLECTED TO
797		-	UNDERSTAND THE EXPER IMENTAL IMPACT OF TH E PRODUCT REVEALS DA TA
798		-	MANAGEMENT OR DESIGN PRACTICES THAT WOULD RESULT IN:
	744	+	3. A HIGHLY OFFENSIVE INT RUSION ON THE CHILD’S 1
	745	+	CHILDREN’S REASONABLE EXPECTATI ON OF PRIVACY; OR 2
799	746
800		-	1. REASONABLY FORESEEABL E AND MATERIAL
801		-	PHYSICAL OR FINANCIA L HARM TO THE CHILD CHILDREN;
	747	+	4. DISCRIMINATION AGAINS T THE CHILD CHILDREN 3
	748	+	BASED ON RACE , COLOR, RELIGION, NATIONAL ORIGIN , DISABILITY, GENDER 4
	749	+	IDENTITY, SEX, OR SEXUAL ORIENTATIO N; 5
802	750
803		-	2. REASONABLY FORESEEABL E AND EXTREME
804		-	PSYCHOLOGICAL OR EMO TIONAL HARM TO THE CHILD CHILDREN;
	751	+	(III) WHETHER THE DATA MANA GEMENT OR PROCESSING 6
	752	+	PRACTICES OF THE ONL INE PRODUCT ARE REAS ONABLY EXPECTED TO A LLOW 7
	753	+	CHILDREN BECOMING PA RTY TO OR EXPLOITED BY A CONTR ACT THROUGH THE 8
	754	+	ONLINE PRODUCT THAT WOULD RESULT IN : 9
805	755
806		-	3. ~~A HIGHLY OFFENSIVE INT RUSION ON THE CHILD’S~~
807		-	~~CHILDREN’S REASONABL E EXPECTATION OF PRI VACY;~~ OR
	756	+	1. REASONABLY FORESEEABL E AND MATERIAL 10
	757	+	PHYSICAL OR FINANCIA L HARM TO THE CHILD CHILDREN; 11
808	758
809		-	4. DISCRIMINATION AGAINS T THE CHILD CHILDREN
810		-	BASED ON RACE , COLOR, RELIGION, NATIONAL ORIGIN , DISABILITY, GENDER
811		-	IDENTITY, SEX, OR SEXUAL ORIENTATIO N;
	759	+	2. REASONABLY FORESEEABL E AND EXTREME 12
	760	+	PSYCHOLOGICAL OR EMO TIONAL HARM TO THE CHILD CHILDREN; 13
812	761
813		-	~~(VIII) (VII) WHETHER ALGORITHMS US ED BY~~ THE ~~ONLINE~~
814		-	~~PRODUCT WOULD RESULT IN:~~
	762	+	3. A HIGHLY OFFENSIVE INT RUSION ON THE CHILD’S 14
	763	+	CHILDREN’S REASONABLE EXPECTATI ON OF PRIVACY; OR 15
815	764
816		-	1. REASONABLY FORESEEABL E AND MATERIAL
817		-	PHYSICAL OR FINANCIA L HARM TO THE CHILD CHILDREN; WES MOORE, Governor Ch. 460
	765	+	4. DISCRIMINATION AGAINS T THE CHILD CHILDREN 16
	766	+	BASED ON RACE , COLOR, RELIGION, NATIONAL ORIGIN , DISABILITY, GENDER 17
	767	+	IDENTITY, SEX, OR SEXUAL ORIENTATION; 18
818	768
819		-	– 19 –
	769	+	(IV) WHETHER TARGETED ADVE RTISING SYSTEMS USED BY THE 19
	770	+	ONLINE PRODUCT WOULD RESULT IN: 20
820	771
821		-	2. REASONABLY FORESEEABL E AND ~~EXTREME~~
822		-	~~PSYCHOLOGICAL~~ OR ~~EMO TIONAL~~ HARM TO THE CHILD ~~CHILDREN~~;
	772	+	1. REASONABLY FORESEEABL E AND MATERIAL 21
	773	+	PHYSICAL OR FINANCIA L HARM TO THE CHILD ; 22
823	774
824		-	3. ~~A HIGHLY OFFENSIVE INT RUSION ON THE CHILD’S~~
825		-	~~CHILDREN’S REASONABLE EXPECTATI ON OF PRIVACY;~~ OR
	775	+	2. REASONABLY FORESEEABL E AND EXTREME 23
	776	+	PSYCHOLOGICAL OR EMOTIONAL HARM TO TH E CHILD; 24
826	777
827		-	4. DISCRIMINATION AGAINS T THE CHILD CHILDREN
828		-	BASED ON RACE , COLOR, RELIGION, NATIONAL ORIGIN , DISABILITY, GENDER
829		-	IDENTITY, SEX, OR SEXUAL ORIENTATIO N; AND
	778	+	3. A HIGHLY OFFENSIVE INT RUSION ON THE CHILD ’S 25
	779	+	CHILDREN’S REASONABLE EXPECTATI ON OF PRIVACY; OR 26
830	780
831		-	~~(IX) (VIII) ANY OTHER FACTOR THAT MAY INDICATE THAT TH E~~
832		-	~~ONLINE PRODUCT IS DE SIGNED AND OFFERED IN A MANNER THAT IS INCONSISTENT~~
833		-	~~WITH THE BEST INTERE STS OF CHILDREN~~ ; ~~AND~~
	781	+	4. DISCRIMINATION AGAINS T THE CHILD BASED ON 27
	782	+	RACE, COLOR, RELIGION, NATIONAL ORIGIN , DISABILITY, SEX, OR SEXUAL 28
	783	+	ORIENTATION; 29
834	784
835		-	(4) INCLUDE A DESCRIPTION OF STEPS THAT THE CO VERED ENTITY
836		-	HAS TAKEN AND WILL T AKE TO COMPLY WIT H THE DUTY TO ACT IN A MANNER
837		-	CONSISTENT WITH THE BEST INTERESTS OF CH ILDREN.
	785	+	(V) WHETHER THE ONLINE PR ODUCT USES SYSTEM DE SIGN 30
	786	+	FEATURES TO INCREASE , SUSTAIN, OR EXTEND THE USE OF THE ONLINE PRODUCT , 31 18 SENATE BILL 571
838	787
839		-	(C) (1) A DATA PROTECTION IMPA CT ASSESSMENT PREPAR ED BY A
840		-	COVERED ENTITY FOR T HE PURPOSE OF COMPLI ANCE WITH ANY OTHER LAW
841		-	COMPLIES WITH THIS S ECTION IF THE ASSESS MENT MEETS THE REQUIREMENTS OF
842		-	THIS SECTION.
843	788
844		-	(2) A SINGLE DATA PROTECTI ON IMPACT ASSESSMENT MAY CONTAIN
845		-	MULTIPLE SIMILAR PRO CESSING OPERATIONS T HAT PRESENT SIMILAR RISKS ONLY
846		-	IF EACH RELEVANT ONL INE PRODUCT IS ADDRE SSED.
	789	+	INCLUDING THE AUTOMA TIC PLAYING OF MEDIA , REWARDS FOR TIME SPE NT, AND 1
	790	+	NOTIFICATIONS THAT W OULD RESULT IN : 2
847	791
848		-	14–4605.
	792	+	1. REASONABLY FORESEEABL E AND MATERIAL 3
	793	+	PHYSICAL OR FINANCIA L HARM TO THE CHILD CHILDREN; 4
849	794
850		-	~~A COVERED ENTITY REQUI RED TO COMPL ETE A DATA PROTECTIO N IMPACT~~
851		-	~~ASSESSMENT UNDER § 14–4604 OF THIS SUBTITLE SHA LL:~~
	795	+	2. REASONABLY FORESEEABL E AND EXTREME 5
	796	+	PSYCHOLOGICAL OR EMO TIONAL HARM TO THE CHILD CHILDREN; 6
852	797
853		-	~~(1) MAINTAIN DOCUMENTATIO N OF~~ THE ~~ASSESSMENT FOR AS LONG~~
854		-	~~AS THE ONLINE PRODUC T IS LIKELY TO BE AC CESSED BY CHILDREN~~ ;
	798	+	3. A HIGHLY OFFENSIVE INT RUSION ON THE CHILD’S 7
	799	+	CHILDREN’S REASONABL E EXPECTATION OF PRI VACY; OR 8
855	800
856		-	~~(2) REVIEW EACH DATA PROT ECTION IMPACT ASSESS MENT AS~~
857		-	~~NECESSARY TO ACCOUNT FOR MATERIAL CHANGES TO PROCESSING PERTAI NING TO~~
858		-	~~THE ONLINE PRODUCT W ITHIN 90 DAYS OF SUCH MATERIA L CHANGES~~;
	801	+	4. DISCRIMINATION AGAINS T THE CHILD CHILDREN 9
	802	+	BASED ON RACE , COLOR, RELIGION, NATIONAL ORIGIN , DISABILITY, GENDER 10
	803	+	IDENTITY, SEX, OR SEXUAL ORIENTATIO N; 11
859	804
860		-	(3) ~~CONFIGURE NOTWITHSTANDING ANY O THER LAW~~, ~~CONFIGURE~~
861		-	~~ALL DEFAULT PRIVACY SETTINGS PROVIDED TO CHILDREN BY THE ONLI NE~~
862		-	~~PRODUCT TO OFFER A HIGH LEVEL OF PRIVACY , UNLESS THE COVERED E NTITY CAN Ch. 460 2024 LAWS OF MARYLAND~~
	805	+	(VI) (V) WHETHER, HOW, AND FOR WHAT PURPOSE THE 12
	806	+	ONLINE PRODUCT COLLECTS OR PROCESSES SENSITIVE PERSONAL DATA OF 13
	807	+	CHILDREN AND WHETHER THOSE PRACTICES WOUL D RESULT IN: 14
863	808
864		-	– 20 –
865		-	DEMONSTRATE A COMPEL LING REASON THAT A D IFFERENT SETTING IS IN THE BEST
866		-	INTERESTS OF CHILDRE N;
	809	+	1. REASONABLY FORESEEABL E AND MATERIAL 15
	810	+	PHYSICAL OR FINANCIA L HARM TO THE CHILD CHILDREN; 16
867	811
868		-	(4) PROVIDE ANY PRIVACY I NFORMATION , TERMS OF SERVICE ,
869		-	POLICIES, AND COMMUNITY STANDA RDS CONCISELY, PROMINENTLY , AND USING
870		-	CLEAR LANGUAGE SUITE D TO THE AGE OF CHIL DREN LIKELY TO ACCES S THE
871		-	ONLINE PRODUCT ; AND
	812	+	2. REASONABLY FORESEEABL E AND EXTREME 17
	813	+	PSYCHOLO GICAL OR EMOTIONAL H ARM TO THE CHILD CHILDREN; 18
872	814
873		-	(5) PROVIDE PROMINENT , ACCESSIBLE, AND RESPONSIVE TOOLS TO
874		-	HELP CHILDREN OR THE IR PARENTS OR GUARDI ANS, IF APPLICABLE, EXERCISE
875		-	THEIR PRIVACY RIGHTS AND R EPORT CONCERNS .
	815	+	3. A HIGHLY OFFENSIVE INT RUSION ON THE CHILD’S 19
	816	+	CHILDREN’S REASONABLE EXPECTATI ON OF PRIVACY; OR 20
876	817
877		-	14–4606.
	818	+	4. DISCRIMINATION AGAINS T THE CHILD CHILDREN 21
	819	+	BASED ON RACE , COLOR, RELIGION, NATIONAL ORIGIN , DISABILITY, GENDER 22
	820	+	IDENTITY, SEX, OR SEXUAL ORIENTATIO N; 23
878	821
879		-	(A) A COVERED ENTITY THAT PROVIDES AN ONLINE P RODUCT THAT IS
880		-	ACCESSED OR REASONAB LY LIKELY TO BE ACCE SSED BY CHILDREN MAY NOT:
	822	+	(VII) (VI) WHETHER AND HOW DATA COLLECTED TO 24
	823	+	UNDERSTAND THE EXPER IMENTAL IMPACT OF TH E PRODUCT REVEALS DA TA 25
	824	+	MANAGEMENT OR DESIGN PRACTICES THAT WOULD RESULT IN : 26
881	825
882		-	(1) PROCESS THE PERSONAL DATA OF A CHILD IN A WAY THAT IS
883		-	INCONSISTENT WITH TH E BEST INTERESTS OF CHILDREN REASONABLY LIKELY TO
884		-	ACCESS THE ONLINE PR ODUCT;
	826	+	1. REASONABLY FORESEEABL E AND MATERIAL 27
	827	+	PHYSICAL OR FINANCIA L HARM TO THE CHILD CHILDREN; 28
885	828
886		-	(2) PROFILE A CHILD BY DE FAULT, UNLESS:
	829	+	2. REASONABLY FORESEEABL E AND EXTREME 29
	830	+	PSYCHOLOGICAL OR EMO TIONAL HARM TO THE CHILD CHILDREN; 30
	831	+	SENATE BILL 571 19
887	832
888		-	(I) THE COVERED ENTITY CA N DEMONSTRATE THAT T HE
889		-	COVERED ENTITY HAS A PPROPRIATE SAFEGUARD S IN PLACE TO ENSURE THAT
890		-	PROFILING IS CONSI STENT WITH THE BEST INTERESTS OF CHILDRE N WHO ACCESS
891		-	OR ARE REASONABLY LI KELY TO ACCESS THE O NLINE PRODUCT ; AND
892	833
893		-	(II) 1. PROFILING IS NECESSAR Y TO PROVIDE THE
894		-	REQUESTED ONLINE PRODUCT , AND IS DONE ONLY WIT H RESPECT TO THE ASP ECTS
895		-	OF THE ONLINE PRODUC T THAT THE CHILD IS AC TIVELY AND KNOWINGLY ENGAGED
896		-	WITH; OR
	834	+	3. A HIGHLY OFFENSIVE INT RUSION ON THE CHILD’S 1
	835	+	CHILDREN’S REASONABLE EXPECTATI ON OF PRIVACY; OR 2
897	836
898		-	2. THE COVERED ENTITY CA N DEMONSTRATE A
899		-	COMPELLING REASON TH AT PROFILING IS IN T HE BEST INTERESTS OF CHILDREN;
	837	+	4. DISCRIMINATION AGAINS T THE CHILD CHILDREN 3
	838	+	BASED ON RACE , COLOR, RELIGION, NATIONAL ORIGIN , DISABILITY, GENDER 4
	839	+	IDENTITY, SEX, OR SEXUAL ORIENTATIO N; 5
900	840
901		-	(3) PROCESS PERSONAL DATA OF A CHILD THAT IS N OT REASONABLY
902		-	NECESSARY TO PROVID E AN ONLINE PRODUCT THAT THE CHILD IS AC TIVELY AND
903		-	KNOWINGLY ENGAGED WI TH;
	841	+	(VIII) (VII) WHETHER ALGORITHMS US ED BY THE ONLINE 6
	842	+	PRODUCT WOULD RESULT IN: 7
904	843
905		-	(4) PROCESS THE PERSONAL DATA OF A CHILD END USER FOR ANY
906		-	REASON OTHER THAN A REASON FOR WHICH THA T PERSONAL DATA WAS
907		-	COLLECTED; WES MOORE, Governor Ch. 460
	844	+	1. REASONABLY FORESEEABL E AND MATERIAL 8
	845	+	PHYSICAL OR FINANCIA L HARM TO THE CHILD CHILDREN; 9
908	846
909		-	– 21 –
	847	+	2. REASONABLY FORESEEABL E AND EXTREME 10
	848	+	PSYCHOLOGICAL OR EMO TIONAL HARM TO THE CHILD CHILDREN; 11
910	849
911		-	~~(5) PROCESS ANY PRECISE G EOLOCATION INFORMATIO N DATA OF~~ A
912		-	~~CHILD BY DEFAULT , UNLESS:~~
	850	+	3. A HIGHLY OFFENSIVE I NTRUSION ON THE CHILD’S 12
	851	+	CHILDREN’S REASONABLE EXPECTATI ON OF PRIVACY; OR 13
913	852
914		-	~~(I)~~ THE ~~COLLECTION OF THE PRECISE GEOLOCATION~~
915		-	~~INFORMATION DATA IS STRICTLY NECESSAR Y FOR THE COVERED EN TITY TO~~
916		-	~~PROVIDE THE ONLINE P RODUCT~~; AND
	853	+	4. DISCRIMINATION AGAINS T THE CHILD CHILDREN 14
	854	+	BASED ON RACE , COLOR, RELIGION, NATIONAL ORIGIN , DISABILITY, GENDER 15
	855	+	IDENTITY, SEX, OR SEXUAL ORIENTATIO N; AND 16
917	856
918		-	(II) THE PRECISE GEOLOCATI ON DATA IS PROCESSED ONLY FOR
919		-	THE LIMITED TIME THAT IS NECESSA RY TO PROVIDE THE ON LINE PRODUCT ;
	857	+	(IX) (VIII) ANY OTHER FACTOR THAT MAY INDICATE THAT TH E 17
	858	+	ONLINE PRODUCT IS DE SIGNED AND OFFERED IN A MANNER THAT IS INCONSISTENT 18
	859	+	WITH THE BEST INTERE STS OF CHILDREN ; AND 19
920	860
921		-	(6) ~~PROCESS ANY PRECISE G EOLOCATION INFORMATION DATA~~ OF A
922		-	~~CHILD WITHOUT PROVID ING AN OBVIOUS SIGNA L~~ TO THE ~~CHILD FOR T HE DURATION~~
923		-	~~THAT~~ THE ~~PRECISE GEO LOCATION INFORMATION DATA IS BEING COLLECTED ;~~
	861	+	(4) INCLUDE A DESCRIPTION OF STEPS THAT THE CO VERED ENTITY 20
	862	+	HAS TAKEN AND WILL T AKE TO COMPLY WITH THE DUTY TO ACT IN A MANNER 21
	863	+	CONSISTENT WITH THE BEST INTERESTS OF CH ILDREN. 22
924	864
925		-	(7) USE DARK PATTERNS TO :
	865	+	(C) (1) A DATA PROTECTION IMPA CT ASSESSMENT PREPAR ED BY A 23
	866	+	COVERED ENTITY FOR T HE PURPOSE OF COMPLI ANCE WITH ANY OTHER LAW 24
	867	+	COMPLIES WITH THIS S ECTION IF THE ASSESS MENT MEETS THE REQUIREMENTS OF 25
	868	+	THIS SECTION. 26
926	869
927		-	(I) CAUSE A CHILD TO PROV IDE PERSONAL DATA BE YOND
928		-	WHAT IS REASONABLY E XPECTED TO PROVIDE T HE ONLINE PRODUCT ;
	870	+	(2) A SINGLE DATA PROTECTI ON IMPACT ASSESSMENT MAY CONTAIN 27
	871	+	MULTIPLE SIMILAR PRO CESSING OPERATIONS T HAT PRESENT SIMILAR RISKS ONLY 28
	872	+	IF EACH RELEVANT ONL INE PRODUCT IS ADDRE SSED. 29
929	873
930		-	~~(II) CIRCUMVENT PRIVACY PR OTECTIONS; OR~~
	874	+	14–4605. 30
931	875
932		-	(III) TAKE ANY ACTION THAT THE COVERED ENTITY K NOWS, OR
933		-	HAS REASON T O KNOW, IS NOT IN THE BEST I NTERESTS OF CHILDREN WHO ACCESS
934		-	OR ARE REASONABLY LI KELY TO ACCESS THE O NLINE PRODUCT ; OR
	876	+	A COVERED ENTITY REQUI RED TO COMPLETE A DATA PROTEC TION IMPACT 31
	877	+	ASSESSMENT UNDER § 14–4604 OF THIS SUBTITLE SHA LL: 32 20 SENATE BILL 571
935	878
936		-	(8) PROCESS ANY PERSONAL DATA FOR THE PURPOSE OF
937		-	ESTIMATING THE AGE O F A CHILD THAT IS AC TIVELY AND KNOWINGLY ENGAGED
938		-	WITH AN ONLINE PRODUCT THAT IS NOT REASONABLY NECESSARY TO PROVIDE THE
939		-	ONLINE PRODUCT ; OR
940	879
941		-	(9) ALLOW A PERSON OTHER THAN A CHILD’S PARENT OR GUARDIAN
942		-	TO MONITOR THE CHILD ’S ONLINE ACTIVITY WI THOUT FIRST NOTIFYIN G THE CHILD
943		-	AND THE CHILD’S PARENT OR GUARDIAN .; OR
944	880
945		-	(9) ALLOW A CHILD’S PARENT, GUARDIAN, OR ANY OTHER CONSUME R
946		-	TO MONITOR THE CHILD ’S ONLINE ACTIVITY OR TRACK THE CHILD ’S LOCATION,
947		-	WITHOUT PROVIDING AN OBVIOUS SIGNAL TO TH E CHILD WHEN THE CHI LD IS BEING
948		-	MONITORED OR TRACKED .
	881	+	(1) MAINTAIN DOCUMENTATIO N OF THE ASSESSMENT FOR AS LONG 1
	882	+	AS THE ONLINE PRODUC T IS LIKELY TO BE AC CESSED BY CHILDREN ; 2
949	883
950		-	(B) ~~A COVERED ENTITY THAT PROVIDES AN ONLINE P RODUCT THAT IS~~
951		-	~~ACCESSED OR REASONAB LY LIKELY~~ TO ~~BE ACCE SSED BY CHILDREN MAY ALLOW A~~
952		-	~~CHILD’S PARENT OR GUARDIAN TO MONITOR~~ THE ~~CHILD ’S~~ ONLINE ~~ACTIVITY OR Ch.~~ ~~460 2024 LAWS~~ OF ~~MARYLAND~~
	884	+	(2) REVIEW EACH DATA PROT ECTION IMPACT ASSESS MENT AS 3
	885	+	NECESSARY TO ACCOUNT FOR MATERIAL CHANGES TO PROCESSING PERTAI NING TO 4
	886	+	THE ONLINE PRODUCT W ITHIN 90 DAYS OF SUCH MATERIA L CHANGES; 5
953	887
954		-	– 22 –
955		-	TRACK THE CHILD ’S LOCATION, WITHOUT PROVIDING AN OBVIOUS SIGN AL TO THE
956		-	CHILD WHEN THE CHILD IS BEING MONITORED O R TRACKED.
	888	+	(3) CONFIGURE NOTWITHSTANDING ANY O THER LAW, CONFIGURE 6
	889	+	ALL DEFAULT PRIVACY SETTINGS PROVIDED TO CHILDREN BY THE ONLI NE 7
	890	+	PRODUCT TO OFFER A HI GH LEVEL OF PRIVACY , UNLESS THE COVERED E NTITY CAN 8
	891	+	DEMONSTRATE A COMPEL LING REASON THAT A D IFFERENT SETTING IS IN THE BEST 9
	892	+	INTERESTS OF CHILDRE N; 10
957	893
958		-	(C) ~~IN MAKING A DETERMINA TION AS TO WHETHER A N ONLINE PRODUCT IS~~
959		-	~~REASONABLY LIKELY TO BE ACCESSED BY CHILD REN~~, ~~A COVERED ENTITY MAY NOT~~
960		-	~~COLLECT OR PROCESS A NY PERSONAL DATA BEY OND WHAT IS REASONABLY~~
961		-	~~NECESSARY TO MAKE TH E DETERMINATION .~~
	894	+	(4) PROVIDE ANY PRIVACY I NFORMATION , TERMS OF SERVICE , 11
	895	+	POLICIES, AND COMMUNITY STANDA RDS CONCISELY, PROMINENTLY , AND USING 12
	896	+	CLEAR LANGUAGE SUITE D TO THE AGE OF CHIL DREN LIKELY TO ACCES S THE 13
	897	+	ONLINE PRODUCT ; AND 14
962	898
963		-	14–4607.
	899	+	(5) PROVIDE PROMINENT , ACCESSIBLE, AND RESPONSIVE TOOLS TO 15
	900	+	HELP CHILDREN OR THE IR PARENTS OR GUARDI ANS, IF APPLICABLE, EXERCISE 16
	901	+	THEIR PRIVACY RIGHTS AN D REPORT CONCERNS . 17
964	902
965		-	(A) WITHIN 5 BUSINESS DAYS AFTER RECEIVING A WRITTEN REQUEST FROM
966		-	THE DIVISION, A COVERED ENTITY THA T PROVIDES AN ONLINE PRODUCT
967		-	REASONABLY LIKELY TO BE ACCESSED BY CHILD REN SHALL PROVIDE TO THE
968		-	DIVISION A LIST OF AL L DATA PROTECTION IM PACT ASSESSMENTS THE COVERED
969		-	ENTITY HAS COMPLETED UNDER § 14–4604 OF THIS SUBTITLE.
	903	+	14–4606. 18
970	904
971		-	(B) (1) WITHIN 7 BUSINESS DAYS AFTER RECEIVING A WRITTEN REQUEST
972		-	FROM THE DIVISION, A COVERED ENTITY SHA LL PROVIDE TO THE DIVISION ANY
973		-	DATA PROTECTION IMPA CT ASSESSMENT COMPLE TED UNDER § 14–4604 OF THIS
974		-	SUBTITLE.
	905	+	(A) A COVERED ENTITY THAT PROVIDES AN ONLINE P RODUCT THAT IS 19
	906	+	ACCESSED OR REASONAB LY LIKELY TO BE ACCE SSED BY CHILDREN MAY NOT: 20
975	907
976		-	(2) THE ~~DIVISION MAY EXTEND B EYOND 7 DAYS THE AMOUNT~~ OF
977		-	~~TIME ALLOWED FOR A C OVERED ENTITY~~ TO ~~PRO DUCE A DATA PROTECTI ON IMPACT~~
978		-	~~ASSESSMENT .~~
	908	+	(1) PROCESS THE PERSONAL DATA OF A CHILD IN A WAY THAT IS 21
	909	+	INCONSISTENT WITH THE BEST INTERESTS O F CHILDREN REASONABL Y LIKELY TO 22
	910	+	ACCESS THE ONLINE PR ODUCT; 23
979	911
980		-	(C) TO THE EXTENT THAT AN Y DISCLOSURE REQUIRED UNDER SUBSECTION
981		-	(B) OF THIS SECTION INCL UDES INFORMATION SUB JECT TO ATTORNEY –CLIENT
982		-	PRIVILEGE OR WORK –PRODUCT PROTECTION , THE DISCLOSURE MAY N OT
983		-	CONSTITUTE A WAIVER OF THAT PRIVILEGE OR PROTECTION.
	912	+	(2) PROFILE A CHILD BY DE FAULT, UNLESS: 24
984	913
985		-	14–4608.
	914	+	(I) THE COVERED ENTITY CA N DEMONSTRATE THAT T HE 25
	915	+	COVERED ENTITY HAS A PPROPRIATE SAFEGUARD S IN PLACE TO ENSURE THAT 26
	916	+	PROFILING IS CONSISTENT WITH THE BEST INTERESTS OF CH ILDREN WHO ACCESS 27
	917	+	OR ARE REASONABLY LI KELY TO ACCESS THE O NLINE PRODUCT ; AND 28
986	918
987		-	(A) A VIOLATION OF THIS S UBTITLE:
	919	+	(II) 1. PROFILING IS NECESSAR Y TO PROVIDE THE 29
	920	+	REQUESTED ONLINE PRODUCT , AND IS DONE ONLY WIT H RESPECT TO THE ASP ECTS 30
	921	+	OF THE ONLINE PRODUCT THAT THE CHI LD IS ACTIVELY AND K NOWINGLY ENGAGED 31
	922	+	WITH; OR 32
	923	+	SENATE BILL 571 21
988	924
989		-	(1) IS AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE; AND
990	925
991		-	(2~~) EXCEPT FOR § 13–410 OF THIS ARTICLE , IS SUBJECT TO~~ THE
992		-	~~ENFORCEMENT PROVISIO NS CONTAINED~~ IN ~~TITLE 13~~ OF ~~THIS ARTICLE.~~
	926	+	2. THE COVERED ENTITY CA N DEMONSTRATE A 1
	927	+	COMPELLING REASON TH AT PROFILING IS IN T HE BEST INTERESTS OF CHILDREN; 2
993	928
994		-	(B) A ~~COVERED ENTITY~~ THAT ~~VIOLATES THIS SUBTIT LE~~ IS ~~SUBJECT TO A~~
995		-	~~CIVIL PENALTY NOT EX CEEDING:~~
996		-	~~WES MOORE, Governor Ch. 460~~
	929	+	(3) PROCESS PERSONAL DATA OF A CHILD THAT IS N OT REASONABLY 3
	930	+	NECESSARY T O PROVIDE AN ONLINE PRODUCT THAT THE CHI LD IS ACTIVELY AND 4
	931	+	KNOWINGLY ENGAGED WI TH; 5
997	932
998		-	~~– 23 –~~
999		-	~~(1) $2,500 PER AFFECTED CHILD F OR EACH NEGLIGENT VI OLATION;~~
1000		-	~~AND~~
	933	+	(4) PROCESS THE PERSONAL DATA OF A CHILD END USER FOR ANY 6
	934	+	REASON OTHER THAN A REASON FOR WHICH THA T PERSONAL DATA WAS 7
	935	+	COLLECTED; 8
1001	936
1002		-	(2) ~~$7,500 PER AFFECTED CHILD F OR EACH INTENTIONAL~~
1003		-	~~VIOLATION.~~
	937	+	(5) PROCESS ANY PRECISE G EOLOCATION INFORMATION DATA OF A 9
	938	+	CHILD BY DEFAULT , UNLESS: 10
1004	939
1005		-	(C) THE DIVISION SHALL PAY AL L FINES, PENALTIES, AND EXPENSES
1006		-	COLLECTED BY THE DIVISION UNDER THIS S UBSECTION INTO THE GENERAL FUND
1007		-	WITH THE INTENT THAT FINES, PENALTIES, AND EXPENSES BE USED TO FULLY
1008		-	OFFSET ANY COSTS INC URRED BY THE DIVISION IN CONNECTIO N WITH THIS
1009		-	SUBTITLE.
	940	+	(I) THE COLLECTION OF THE PRECISE GEOLOCATION 11
	941	+	INFORMATION DATA IS STRICTLY NECESSAR Y FOR THE COVERED EN TITY TO 12
	942	+	PROVIDE THE ONLINE P RODUCT; AND 13
1010	943
1011		-	14–4609.
	944	+	(II) THE PRECISE GEOLOCATI ON DATA IS PROCESSED ONLY FOR 14
	945	+	THE LIMITED TIME THAT IS NECESSARY TO PROVIDE THE ONLINE PRODUCT ; 15
1012	946
1013		-	(A) IF A COVERED ENTITY I S IN SUBSTANTIAL COM PLIANCE WITH THE
1014		-	REQUIREMENTS OF §§ 14–4604 THROUGH 14–4606 OF THIS SUBTITLE , THE
1015		-	DIVISION SHALL PROVID E WRITTEN NOTICE TO THE COVERED ENTITY B EFORE
1016		-	FILING AN ACTION UND ER § 14–4608 OF THIS SUBTITLE .
	947	+	(6) PROCESS ANY PRECISE G EOLOCATION INFORMATION DATA OF A 16
	948	+	CHILD WITHOUT PROVID ING AN OBVIOUS SIGNA L TO THE CHILD FOR T HE DURATION 17
	949	+	THAT THE PRECISE GEO LOCATION INFORMATION DATA IS BEING COLLECTED; 18
1017	950
1018		-	(B) NOTICE GIVEN UNDER SU BSECTION (A) OF THIS SECTION SH ALL
1019		-	IDENTIFY THE SPECIFI C PROVISIONS OF THIS SUBTITLE THAT THE DIVISION
1020		-	ALLEGES HAVE BEEN OR ARE BEING VIOLATED .
	951	+	(7) USE DARK PATTERNS TO : 19
1021	952
1022		-	(C) A COVERED ENTITY MAY N OT BE LIABLE FOR A C IVIL PENALTY FOR A
1023		-	VIOLATION FOR WHICH NOTICE IS GIVEN UNDE R SUBSECTION (A) OF THIS SECTION
1024		-	IF THE COVERED ENTITY :
	953	+	(I) CAUSE A CHILD TO PROV IDE PERSONAL DATA BE YOND 20
	954	+	WHAT IS REASONABLY E XPECTED TO PROVIDE T HE ONLINE PRODUCT ; 21
1025	955
1026		-	(1) HAS COMPLETED A DATA PROTECTION IMPACT AS SESSMENT
1027		-	UNDER § 14–4604(A)(2) OF THIS SUBTITLE FOR EXISTING ONLINE PROD UCTS THAT
1028		-	ARE REASONABLY LIKEL Y TO BE ACCESSED BY CHILDREN;
	956	+	(II) CIRCUMVENT PRIVACY PR OTECTIONS; OR 22
1029	957
1030		-	(2) HAS COMPLETED A DATA PROTECTION IMPACT AS SESSMENT
1031		-	UNDER § 14–4604(A)(3) OF THIS SUBTITLE PRI OR TO OFFERING TO TH E PUBLIC A
1032		-	NEW ONLINE PRODUCT T HAT IS REASONABLY LI KELY TO BE ACCESSED BY
1033		-	CHILDREN;
	958	+	(III) TAKE ANY ACTION THAT THE COVERED ENTITY K NOWS, OR 23
	959	+	HAS REASON TO KNOW , IS NOT IN THE BEST I NTERESTS OF CHILDREN WHO ACCESS 24
	960	+	OR ARE REASONABLY LI KELY TO ACCESS THE O NLINE PRODUCT ; OR 25
1034	961
1035		-	(3) CURES THE VIOLATION S PECIFIED IN THE DIVISION’S NOTICE
1036		-	WITHIN 90 DAYS AFTER ISSUANCE OF THE NOTICE UND ER SUBSECTION (A) OF THIS
1037		-	SECTION;
	962	+	(8) PROCESS ANY PERSONAL DATA FOR THE PURPOSE OF 26
	963	+	ESTIMATING THE AGE O F A CHILD THAT IS AC TIVELY AND KNOWINGLY ENGAGED 27
	964	+	WITH AN ONLINE PRODUCT TH AT IS NOT REASONABLY NECESSARY TO PROVIDE THE 28
	965	+	ONLINE PRODUCT ; OR 29
1038	966
1039		-	(4) ~~PROVIDES THE DIVISION WITH~~ A ~~WRITT EN STATEMENT THAT TH E~~
1040		-	~~ALLEGED VIOLATION HA~~ S ~~BEEN CURED;~~ ~~AND~~
1041		-	~~Ch. 460~~ ~~2024 LAWS OF MARYLAND~~
	967	+	(9) ALLOW A PERSON OTHER THAN A CHILD’S PARENT OR GUARDIAN 30
	968	+	TO MONITOR THE CHILD ’S ONLINE ACTIVITY WI THOUT FIRST NOTIFYIN G THE CHILD 31
	969	+	AND THE CHILD’S PARENT OR GUARDIAN .; OR 32 22 SENATE BILL 571
1042	970
1043		-	– 24 –
1044		-	(5) TAKES MEASURES TO PRE VENT ANY FUTURE VIOL ATION THAT
1045		-	THE DIVISION AGREED TO BE SUFFICIENT.
1046	971
1047		-	14–4610.
1048	972
1049		-	NOTHING IN THIS SUBTITLE MAY BE INTERPRETED OR CONST RUED TO:
	973	+	(9) ALLOW A CHILD’S PARENT, GUARDIAN, OR ANY OTHER CONSUME R 1
	974	+	TO MONITOR THE CHILD ’S ONLINE ACTIVITY OR TRACK THE CHILD ’S LOCATION, 2
	975	+	WITHOUT PROVIDING AN OBVIOUS SIGNAL TO TH E CHILD WHEN THE CHI LD IS BEING 3
	976	+	MONITORED OR TRACKED . 4
1050	977
1051		-	(1) PROVIDE A PRIVATE RIG HT OF ACTION UNDER T HIS SUBTITLE OR
1052		-	ANY OTHER LAW ;
	978	+	(B) A COVERED ENTITY THAT PROVIDES AN ONL INE PRODUCT THAT IS 5
	979	+	ACCESSED OR REASONAB LY LIKELY TO BE ACCE SSED BY CHILDREN MAY ALLOW A 6
	980	+	CHILD’S PARENT OR GUARDIAN TO MONITOR THE CHILD ’S ONLINE ACTIVITY OR 7
	981	+	TRACK THE CHILD ’S LOCATION, WITHOUT PROVIDING AN OBVIOUS SIGNAL TO TH E 8
	982	+	CHILD WHEN THE CHILD IS BEI NG MONITORED OR TRAC KED. 9
1053	983
1054		-	(2) IMPOSE LIABILITY IN A MANNER THAT IS INCON SISTENT WITH 47
1055		-	U.S.C. § 230;
	984	+	(C) IN MAKING A DETERMINA TION AS TO WHETHER A N ONLINE PRODUCT IS 10
	985	+	REASONABLY LIKELY TO BE ACCESSED BY CHILD REN, A COVERED ENTITY MAY NOT 11
	986	+	COLLECT OR PROCESS A NY PERSONAL DATA BEY OND WHAT IS REASONAB LY 12
	987	+	NECESSARY TO MAKE THE DETERMIN ATION. 13
1056	988
1057		-	(3) PREVENT OR PRECLUDE A CHILD FROM DELIBERATELY OR
1058		-	INDEPENDENTLY SEARCH ING FOR OR SPECIFICA LLY REQUESTING CONTE NT; OR
	989	+	14–4607. 14
1059	990
1060		-	(4) REQUIRE A COVERED ENT ITY TO IMPLEMENT AN AGE–GATING
1061		-	REQUIREMENT .
	991	+	(A) WITHIN 5 BUSINESS DAYS AFTER RECEIVING A WRITTEN REQUEST FROM 15
	992	+	THE DIVISION, A COVERED ENTITY THA T PROVIDES AN ONLINE PRODUCT 16
	993	+	REASONABLY LIKELY TO BE ACCESSED BY CHILD REN SHALL PROVIDE TO THE 17
	994	+	DIVISION A LIST OF AL L DATA PROTECTION IMPA CT ASSESSMENTS THE C OVERED 18
	995	+	ENTITY HAS COMPLETED UNDER § 14–4604 OF THIS SUBTITLE. 19
1062	996
1063		-	14–4611.
	997	+	(B) (1) WITHIN 7 BUSINESS DAYS AFTER RECEIVING A WRITTEN REQUEST 20
	998	+	FROM THE DIVISION, A COVERED ENTITY SHA LL PROVIDE TO THE DIVISION ANY 21
	999	+	DATA PROTECTION IMPACT ASSESSMENT CO MPLETED UNDER § 14–4604 OF THIS 22
	1000	+	SUBTITLE. 23
1064	1001
1065		-	NOTWITHSTANDING ANY O THER LAW , A DATA PROTECTION IM PACT
1066		-	ASSESSMENT IS PROTEC TED AS CONFID ENTIAL AND SHALL BE EXEMPT FROM
1067		-	PUBLIC DISCLOSURE , INCLUDING UNDER THE MARYLAND PUBLIC INFORMATION
1068		-	ACT.
	1002	+	(2) THE DIVISION MAY EXTEND B EYOND 7 DAYS THE AMOUNT OF 24
	1003	+	TIME ALLOWED FOR A C OVERED ENTITY TO PRO DUCE A DATA PROTECTI ON IMPACT 25
	1004	+	ASSESSMENT . 26
1069	1005
1070		-	14–4612.
	1006	+	(C) TO THE EXTENT THAT AN Y DISCLOSURE REQUIRE D UNDER SUBSECTION 27
	1007	+	(B) OF THIS SECTION INCL UDES INFORMATION SUB JECT TO ATTORNEY –CLIENT 28
	1008	+	PRIVILEGE OR WORK –PRODUCT PROTECTION , THE DISCLOSURE MAY N OT 29
	1009	+	CONSTITUTE A WAIVER OF THAT PRIVILEGE OR PROTECTION. 30
1071	1010
1072		-	(A) WHEREVER POSSIBLE , LAW RELATING TO CONS UMERS’ PERSONAL
1073		-	DATA SHOULD BE CONST RUED TO HARMONIZE WI TH THE PROVISIONS OF THIS
1074		-	SUBTITLE.
	1011	+	14–4608. 31
1075	1012
1076		-	(B) IN THE EVENT OF A CON FLICT BETWEEN OTHER LAWS AND THIS
1077		-	SUBTITLE, THE PROVISIONS OF TH E LAW THAT AFFORD TH E GREATEST PROTECTIO N
1078		-	FOR THE RIGHT OF PRI VACY FOR CONSUMERS S HALL CONTROL .
	1013	+	(A) A VIOLATION OF THIS SU BTITLE: 32
1079	1014
1080		-	~~14–4613.~~
	1015	+	(1) IS AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE; AND 33 SENATE BILL 571 23
1081	1016
1082		-	THIS SUBTITLE MAY BE CITED AS THE MARYLAND AGE–APPROPRIATE
1083		-	DESIGN CODE ACT.
1084	1017
1085		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
1086		-	October 1, 2024.
1087		-	WES MOORE, Governor Ch. 460
1088	1018
1089		-	– 25 –
1090		-	Approved by the Governor, May 9, 2024.
	1019	+	(2) EXCEPT FOR § 13–410 OF THIS ARTICLE , IS SUBJECT TO THE 1
	1020	+	ENFORCEMENT PROVISIO NS CONTAINED IN TITLE 13 OF THIS ARTICLE. 2
	1021	+
	1022	+	(B) A COVERED ENTITY THAT VIOLATES THIS SUBTIT LE IS SUBJECT TO A 3
	1023	+	CIVIL PENALTY NOT EXCEEDING: 4
	1024	+
	1025	+	(1) $2,500 PER AFFECTED CHILD F OR EACH NEGLIGENT VI OLATION; 5
	1026	+	AND 6
	1027	+
	1028	+	(2) $7,500 PER AFFECTED CHILD F OR EACH INTENTIONAL 7
	1029	+	VIOLATION. 8
	1030	+
	1031	+	(C) THE DIVISION SHALL PAY AL L FINES, PENALTIES, AND EXPENSES 9
	1032	+	COLLECTED BY THE DIVISION UNDER THIS S UBSECTION INTO THE GENERAL FUND 10
	1033	+	WITH THE INTENT THAT FINES, PENALTIES, AND EXPENSES BE USED TO FULLY 11
	1034	+	OFFSET ANY COSTS INC URRED BY THE DIVISION IN CONNECTIO N WITH THIS 12
	1035	+	SUBTITLE. 13
	1036	+
	1037	+	14–4609. 14
	1038	+
	1039	+	(A) IF A COVERED ENTITY I S IN SUBSTANTIAL COM PLIANCE WITH THE 15
	1040	+	REQUIREMENTS OF §§ 14–4604 THROUGH 14–4606 OF THIS SUBTITLE , THE 16
	1041	+	DIVISION SHALL PROVID E WRITTEN NOTICE TO THE COVERED ENTITY B EFORE 17
	1042	+	FILING AN ACTION UND ER § 14–4608 OF THIS SUBTITLE . 18
	1043	+
	1044	+	(B) NOTICE GIVEN UNDER SU BSECTION (A) OF THIS SECTION SHAL L 19
	1045	+	IDENTIFY THE SPECIFI C PROVISIONS OF THIS SUBTI TLE THAT THE DIVISION 20
	1046	+	ALLEGES HAVE BEEN OR ARE BEING VIOLATED . 21
	1047	+
	1048	+	(C) A COVERED ENTITY MAY N OT BE LIABLE FOR A C IVIL PENALTY FOR A 22
	1049	+	VIOLATION FOR WHICH NOTICE IS GIVEN UNDE R SUBSECTION (A) OF THIS SECTION 23
	1050	+	IF THE COVERED ENTIT Y: 24
	1051	+
	1052	+	(1) HAS COMPLETED A DATA PRO TECTION IMPACT ASSES SMENT 25
	1053	+	UNDER § 14–4604(A)(2) OF THIS SUBTITLE FOR EXISTING ONLINE PROD UCTS THAT 26
	1054	+	ARE REASONABLY LIKEL Y TO BE ACCESSED BY CHILDREN; 27
	1055	+
	1056	+	(2) HAS COMPLETED A DATA PROTECTION IMPACT AS SESSMENT 28
	1057	+	UNDER § 14–4604(A)(3) OF THIS SUBTITLE PRIOR TO OF FERING TO THE PUBLIC A 29
	1058	+	NEW ONLINE PRODUCT T HAT IS REASONABLY LI KELY TO BE ACCESSED BY 30
	1059	+	CHILDREN; 31
	1060	+	24 SENATE BILL 571
	1061	+
	1062	+
	1063	+	(3) CURES THE VIOLATION S PECIFIED IN THE DIVISION’S NOTICE 1
	1064	+	WITHIN 90 DAYS AFTER ISSUANCE OF THE NOTICE UNDER SUBSECTION (A) OF THIS 2
	1065	+	SECTION; 3
	1066	+
	1067	+	(4) PROVIDES THE DIVISION WITH A WRITT EN STATEMENT THAT TH E 4
	1068	+	ALLEGED VIOLATION HA S BEEN CURED; AND 5
	1069	+
	1070	+	(5) TAKES MEASURES TO PRE VENT ANY FUTURE VIOL ATION THAT 6
	1071	+	THE DIVISION AGREED TO BE SUFFICIENT. 7
	1072	+
	1073	+	14–4610. 8
	1074	+
	1075	+	NOTHING IN THIS SUBTI TLE MAY BE INTERPRETED OR CONST RUED TO: 9
	1076	+
	1077	+	(1) PROVIDE A PRIVATE RIG HT OF ACTION UNDER T HIS SUBTITLE OR 10
	1078	+	ANY OTHER LAW ; 11
	1079	+
	1080	+	(2) IMPOSE LIABILITY IN A MANNER THAT IS INCON SISTENT WITH 47 12
	1081	+	U.S.C. § 230; 13
	1082	+
	1083	+	(3) PREVENT OR PRECLUDE A CHILD FROM DELIBERAT ELY OR 14
	1084	+	INDEPENDENTLY SEARCHING FOR OR SPE CIFICALLY REQUESTING CONTENT; OR 15
	1085	+
	1086	+	(4) REQUIRE A COVERED ENT ITY TO IMPLEMENT AN AGE–GATING 16
	1087	+	REQUIREMENT . 17
	1088	+
	1089	+	14–4611. 18
	1090	+
	1091	+	NOTWITHSTANDING ANY O THER LAW , A DATA PROTECTION IM PACT 19
	1092	+	ASSESSMENT IS PROTEC TED AS CONFIDENTIAL AND SHALL BE EXEMPT FROM 20
	1093	+	PUBLIC DISCLOSURE , INCLUDING UNDER THE MARYLAND PUBLIC INFORMATION 21
	1094	+	ACT. 22
	1095	+
	1096	+	14–4612. 23
	1097	+
	1098	+	(A) WHEREVER POSSIBLE , LAW RELATING TO CONS UMERS’ PERSONAL 24
	1099	+	DATA SHOULD BE CONST RUED TO HARMONIZE WI TH THE PROVISIONS OF THIS 25
	1100	+	SUBTITLE. 26
	1101	+
	1102	+	(B) IN THE EVENT OF A CON FLICT BETWEEN OTHER LAWS AN D THIS 27
	1103	+	SUBTITLE, THE PROVISIONS OF TH E LAW THAT AFFORD TH E GREATEST PROTECTIO N 28
	1104	+	FOR THE RIGHT OF PRI VACY FOR CONSUMERS S HALL CONTROL . 29
	1105	+
	1106	+	14–4613. 30 SENATE BILL 571 25
	1107	+
	1108	+
	1109	+
	1110	+	THIS SUBTITLE MAY BE CITED AS THE MARYLAND AGE–APPROPRIATE 1
	1111	+	DESIGN CODE ACT. 2
	1112	+
	1113	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
	1114	+	October 1, 2024. 4
	1115	+
	1116	+
	1117	+
	1118	+
	1119	+	Approved:
	1120	+	________________________________________________________________________________
	1121	+	Governor.
	1122	+	________________________________________________________________________________
	1123	+	President of the Senate.
	1124	+	________________________________________________________________________________
	1125	+	Speaker of the House of Delegates.