New Mexico 2023 Regular Session

New Mexico Senate Bill SB319

Introduced
2/2/23  

Caption

Age Appropriate Design Code Act

Impact

The implementation of SB319 will significantly alter how businesses handle children's data. Companies that provide online services targeting children will be required to conduct comprehensive data protection impact assessments. These assessments must be documented biennially and detail how personal information is collected and utilized. Violations of the act could lead to civil penalties, including substantial fines for both negligent and intentional infringements. The enforcement of this bill is to be strictly handled by the attorney general, ensuring a robust compliance mechanism.

Summary

Senate Bill 319, known as the Age Appropriate Design Code Act, seeks to enhance the protection of children's privacy in the digital realm by establishing strict regulations for online services likely to be accessed by minors. This legislation mandates that companies must prioritize child safety, requiring them to assess and mitigate risks associated with the personal data of users under eighteen. The bill outlines various obligations for controllers of online services, including age verification, high default privacy settings, and clear communication regarding privacy policies tailored to children's comprehension.

Contention

While many support the intentions behind this bill, concerns have emerged regarding its broad implications on how digital platforms operate. Critics argue that the stringent requirements could stifle innovation and complicate operational practices for companies serving a mixed audience of ages. Additionally, there are debates regarding the feasibility of implementing such regulations, particularly how companies will handle age verification procedures without infringing on privacy rights. The balance between protecting children's online safety and maintaining a functional online marketplace is a key point of contention among stakeholders.

Companion Bills

No companion bills found.

Similar Bills

NM SB68

Age Appropriate Design Code Act

LA SB143

Provides relative to permanent placement of children in custody of the state. (gov sig) (EN NO IMPACT See Note)

NM SB307

Child Ombud Act

NM HB391

Office Of Child Ombud Act

NM SB373

Office Of Child Advocate Act

NM HB11

Office Of Child Advocate Act

NM SB458

Cyfd Secretary Nominating Committee

NM HB205

Cyfd Nominating Committee