Pennsylvania 2023-2024 Regular Session

Pennsylvania House Bill HB1879

Introduced
12/5/23  
Refer
12/5/23  
Refer
6/11/24  

Caption

Providing for duties of covered entities to protect the best interests of children that use online services, products or features and for data protection impact assessments; prohibiting certain actions by covered entities; and imposing penalties.

Impact

If enacted, HB 1879 will significantly alter how online businesses manage children's personal data. Covered entities will be required to implement stringent data protection measures, including maintaining confidentiality for impact assessments and configuring default privacy settings to protect children. Violation of these provisions could invoke civil penalties, which reinforces the legal obligations of these entities to safeguard children's data and ensures accountability in their operations. This law aims to create a safer online environment that respects and protects children's rights.

Summary

House Bill 1879, known as the Online Safety Protection Act, seeks to enhance the duties of entities providing online services, products, or features that children may access. The bill mandates that covered entities prioritize the best interests of children, particularly regarding privacy and safety, when designing their offerings. It asserts that if commercial interests conflict with the welfare of children, the latter must prevail. The bill requires such entities to conduct data protection impact assessments systematically to ensure compliance with these standards.

Sentiment

The general sentiment surrounding HB 1879 leans towards a positive reception, particularly among child advocacy groups and proponents of digital safety who see it as a necessary step to protect minors in an increasingly digital world. However, concerns have been raised about potential implications for businesses, including the constraints imposed on innovation and the feasibility of compliance with extensive regulations. The discussions exhibit a strong desire for protecting children while balancing the operational realities of online services.

Contention

Notably, some points of contention exist regarding the bill's requirements for covered entities, especially concerning how 'high risk' is assessed. Critics have voiced concerns about the bill's vagueness around 'dark patterns,' the impact on user experience, and increased operational burdens for companies. The potential penalties for non-compliance are significant, which raises questions about how small businesses might adapt to these stringent requirements without disrupting their services or profitability.

Companion Bills

No companion bills found.

Previously Filed As

PA HB1762

Children; covered entities; data protection impact assessment; personal data of children; Attorney General; effective date.

PA H5830

Requires that any covered entity that develops/provides online services, products, or features that children are reasonably likely to access shall consider the best interest of children when designing/developing such online service, product, or feature.

PA S0903

Requires that any covered entity that develops/provides online services, products, or features that children are reasonably likely to access shall consider the best interest of children when designing/developing such online service, product, or feature.

PA HB603

Consumer Protection - Online Products and Services - Data of Children (Maryland Kids Code)

PA HB901

Consumer Protection - Online Products and Services - Children's Data

PA SB844

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

PA SB571

Consumer Protection – Online Products and Services – Data of Children (Maryland Kids Code)

PA SB684

Online Children's Safety Protection Act; established, civil penalties.

PA SB684

Online Children's Safety Protection Act; established, civil penalties.

PA HB707

Consumer Data Protection Act; protections for children.

Similar Bills

CA AB829

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CA AB1324

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OR SB196

Relating to business's use of age-appropriate design.

CA AB2322

Department of Motor Vehicles: records: confidentiality.

CA SB1093

Department of Motor Vehicles: records: confidentiality.

CA AB3017

Qualified medical supplies providers: sales taxes: repayment.

FL H1007

Children Removed from Caregivers

NJ A4495

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