Virginia Senate Bill SB684

Virginia 2025 Regular Session

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

Caption

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

Impact

If enacted, SB684 will significantly amend the Code of Virginia by instituting robust protections for children's online interactions. Covered entities will be obligated to maintain high privacy standards, configure default settings to prioritize child privacy, and refrain from using 'dark patterns'—manipulative design techniques that could lead children into making harmful choices regarding their personal data. The bill aims to establish a baseline of accountability across digital platforms, compelling organizations to prioritize the best interests of children in their operations. It also empowers the Attorney General with exclusive authority to enforce these provisions, creating a structured method for oversight.

Summary

Senate Bill 684, known as the Online Children's Safety Protection Act, mandates the establishment of strict guidelines for online services likely to be accessed by children. The bill introduces a framework requiring covered entities—businesses and organizations that provide such services—to conduct comprehensive data protection impact assessments (DPIAs) prior to launching any new online products targeted at minors. The assessments are designed to evaluate the potential risks to a child's privacy and well-being, ensuring that technological innovations do not compromise their safety. This legislation aims to foster a safer online environment for children, reflecting growing concerns over digital privacy and security.

Contention

One of the notable points of contention surrounding SB684 is the balance it seeks to strike between children’s rights to privacy and businesses' operational flexibility. Proponents argue that the stringent requirements for DPIAs and the associated accountability measures are necessary to adapt to evolving digital landscapes where children are increasingly vulnerable. However, critics express concern that the compliance burden on smaller online businesses may inhibit innovation and access to services. Additionally, there are apprehensions regarding the potential for overreach in interpretations of what constitutes 'child safety' and how this may lead to over-regulation in various online environments.