Relating to business's use of age-appropriate design.
The legislation aims to enhance protections for children by restricting how businesses can collect, store, and use children’s personal information. Specifically, the bill prohibits practices that could be deemed detrimental to a child's physical or mental health and mandates that any collection of precise geolocation information must be justified as necessary for providing the relevant online service. The bill is set to come into effect on July 1, 2024, granting businesses time to adapt to these requirements while also establishing a Task Force on Age-Appropriate Design to study best practices in this area.
Senate Bill 196, also known as the Age-Appropriate Design Code, establishes new requirements for businesses that provide online products, services, or features that children are reasonably likely to access. The key components of the bill require these businesses to identify, evaluate, and mitigate risks to children, particularly regarding the collection and use of personal information. Importantly, businesses will have to complete and retain a Data Protection Impact Assessment, which assesses potential risks and outlines strategies to protect children's privacy and well-being.
The sentiment around SB 196 appears largely positive, especially among child advocacy groups, who see it as a crucial step in ensuring the safety of children in an increasingly digital world. Supporters argue that the bill acknowledges the unique vulnerabilities of children online and imposes necessary safeguards. However, there may be concerns from businesses regarding compliance costs and operational constraints, which could lead to discussions about the balance between protecting children and allowing businesses to operate efficiently.
Some notable points of contention could arise around the specifics of the Data Protection Impact Assessment and the enforcement mechanisms authorized by the bill. The bill empowers the Attorney General to take action against businesses that violate the provisions, which some may view as a heavy-handed approach. Additionally, the requirement to prioritize child safety over commercial interests could create friction within certain sectors, raising discussions about the appropriate limits of regulation in the digital marketplace.