Texas House Bill HB4948

Texas 2023 - 88th Regular

• Filed: 3/10/23

Caption

Relating to the regulation of Internet products, services, and features accessed by children; providing a civil penalty.

Impact

If enacted, HB 4948 will significantly impact existing regulations governing online services and the responsibilities of businesses to protect children's privacy. The legislation introduces civil penalties for violations, reinforcing compliance through financial consequences. The Attorney General is given the authority to enforce the bill and to impose penalties for negligent and intentional violations, thus creating a structured framework for addressing breaches in children's online safety. This could lead to more rigorous compliance efforts from companies operating in Texas and potentially shift industry standards nationwide.

Summary

House Bill 4948 focuses on the regulation of internet products, services, and features that are accessed by children. The bill mandates that any entity providing online services that could be accessed by minors must conduct a data protection impact assessment to identify and mitigate potential risks to children's safety. This includes evaluating how personal identifying information is used, ensuring default privacy settings are high, and developing an impact management plan for any identified risks. The bill aims to create a safer online environment for children by imposing stricter requirements on businesses that cater to a younger audience.

Sentiment

The sentiment surrounding HB 4948 appears to be largely supportive amongst child advocacy groups and parents’ organizations, who welcome the emphasis on protecting children online. However, there are concerns raised by industry stakeholders about the feasibility and costs associated with implementing the required assessments and plans. Critics argue that the regulations may burden smaller businesses disproportionately and that there is a risk of creating barriers to entry for new online services aimed at children. This split indicates a broader debate about balancing children's safety with business interests.

Contention

Notable points of contention within the discussions of HB 4948 include the definitions and limits of what constitutes 'harmful content' and how compliance will affect innovation and access to content for children. Additionally, there is debate over the scope of the compliance requirements, particularly regarding the thresholds (such as revenue and consumer numbers) that trigger the obligation to conduct a data protection assessment. These issues highlight ongoing concerns about the regulatory environment for online platforms and the complexities of safeguarding minors in an increasingly digital world.