Virginia Senate Bill SB684

Virginia 2024 Regular Session

• Introduced: 1/18/24
• Refer: 1/18/24

Caption

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

Impact

This legislation imposes strict duties on covered entities, mandating them to assess and mitigate any potential risks involved in processing children's personal data. The bill stipulates that covered entities must maintain detailed documentation for their assessments and ensure that privacy settings are configured to protect children's data adequately. Non-compliance can lead to severe consequences, including civil liabilities and penalties, with the Attorney General having the authority to enforce these regulations.

Summary

SB684, titled the Online Children's Safety Protection Act, aims to establish stringent regulations surrounding the online services likely accessed by children under the age of 18. The bill seeks to amend the Code of Virginia by introducing a new chapter that emphasizes the best interests of children, focusing on their privacy, safety, and overall well-being when using digital technologies. Covered entities, such as businesses and organizations that process children's personal data, are required to implement comprehensive data protection strategies, including conducting data protection impact assessments prior to launching new online services targeted at children.

Contention

Notable points of contention surrounding SB684 include concerns from various stakeholders regarding the feasibility and implications of enforcing such stringent regulations on businesses, especially smaller entities that may struggle to comply with the detailed requirements. Additionally, the bill's definition of 'best interests of a child' and what constitutes high-risk data processing could lead to legal ambiguities and disputes. Critics may argue that these regulations could create an overly burdensome compliance environment that stifles innovation in online services targeting children.